 |
THE STATE EMPLOYEES ASSOCIATION OF NORTH CAROLINA, INC. |
| a 60,000 strong lobbying force protecting the rights and improving the salaries, benefits, and working conditions of all state employees | |
CLICK TO JOIN |
Report of the SEANC Collective Bargaining Study Committee |
In February 2002, President Shirley Bell appointed the special Collective
Bargaining Study Committee of 12 members representing all SEANC regions.
This report contains that committee's findings and recommendations.
It provides steps that, if molded into a strategic plan for action, will
move SEANC effectively towards becoming a successful collective bargaining
agent.
As there is no applicable federal legislation, state law regulates public
sector collective bargaining. Forty-two
states have legal provision for public bargaining by at least some government
employees. The few studies done on economic impact indicate that, on the
average, collective bargaining boosts state and local government salaries by
5%-6%, and probably has increased the dollar value of benefits even more.
In North Carolina, G.S. 95-98 and related laws prohibit public sector
collective bargaining. Replacement
of these statutes with enabling legislation is the only viable option for our
State’s public employees to gain effective collective bargaining rights.
The provisions of collective
bargaining statutes and contracts vary from state to state.
This Report lists the typical provisions of each. A
future committee should make recommendations to SEANC leadership as to statutory
provisions that will best serve SEANC.
In states having collective bargaining, most state
employee associations are affiliated with unions.
In several states, such as Vermont and Montana, the associations have
remained independent and have successfully participated in collective
bargaining. This suggests there
is no necessity for SEANC to affiliate with a union to become a successful
bargaining agent.
Collective bargaining for state
employees is usually done in groups called “collective bargaining units” (CBUs)
rather than by all employees in one large group. CBUs usually consist of employees in similar job
classifications. Some state laws do
not allow supervisors to belong to a CBU, while others do.
Likewise, some state associations that collectively bargain have retiree
members and advocate for them, while others do not.
SEANC
should be prepared to act as an umbrella bargaining agent for multiple
bargaining units and should propose legislation that includes supervisors in
CBUs. Moreover, when
SEANC becomes a collective bargaining agent, it should continue to recruit and
maintain retirees as members and vigorously advocate their interests.
Becoming a collective bargaining
agent will likely require changes in SEANC’s structure and operating
procedures and, thus, its Bylaws, particularly to accommodate CBUs.
However, no bylaws or organizational changes
are needed at this time.
Most state collective bargaining
statutes require the collective bargaining agent to assist members with
grievances arising under the contract. SEANC
should take steps to prepare for this new role.
Associations that have become
collective bargaining agents generally have had to increase staff and raise dues
to meet successfully the responsibilities of running CBU election campaigns,
negotiating contracts and handling grievances.
In some states, non-association members are required to pay a
representation fee to help pay the extra cost. There
is no need for SEANC to increase its dues at the present time.
However, being a collective bargaining agent will most likely create the
need for an increase later. SEANC
should seek to have our state’s bargaining legislation include a
representation fee.
The
education and training of members, leaders and staff are essential for the
campaign to gain collective bargaining rights and for the transition to being a
bargaining agent. SEANC should
accumulate information and resource materials and use them in a well-planned
program that includes brochures, articles in The Reporter and live
presentations.
There
is a substantial possibility that pending federal legislation will legalize
collective bargaining rights for law enforcement, fire protection and EMS
personnel much sooner than for other public employees.
Special attention needs to be given to these groups, since steps taken
now may pay off in the near future.
1. That collective bargaining continues to receive a high priority with
SEANC’s Policy Platform Objectives.
2.
That the SEANC President appoint an on-going special committee on
collective bargaining to develop a long-term strategy that has at least these
four major components:
i.
education of SEANC members, the general public and legislators;
ii.
development of desirable collective bargaining legislation;
iii.
implementation of any necessary organizational restructuring of SEANC;
and
iv.
development of staff capabilities and other resources essential to being
a collective bargaining agent.
"We have been put down and held back and we're not going to take it
anymore." This statement, made
by a SEANC member at the 2001 SEANC Convention, clearly voiced the discontent of
the nearly 1000 convention delegates. The
Convention directed the SEANC President to assign an existing committee or
appoint a special committee to determine the steps SEANC needs to take to be
prepared to act as a collective bargaining agent.
Further, venting their frustrations over many years of legislative
indifference to the needs of state employees, the 2001 Convention also
authorized the SEANC leadership to open the way to State employee collective
bargaining by seeking the repeal of G. S. 95-98 and the amendment of G.S.
143-3.3(g) and 135-18.8. Currently,
G.S. 95-98 effectively blocks any public employee collective bargaining in North
Carolina by declaring void and illegal any agreement between a state or local
government agency and a labor organization acting as a bargaining agent for
public employees. In addition, G.S.
143-3.3(g) and 135-18.8 void the payroll deduction of dues of organizations that
participate in collective bargaining. Further,
the convention voted to delete the sentence in SEANC's by-laws that "In no
event shall a strike or work stoppage be employed by SEANC."
In the spirited debate leading up to the decision to pursue collective
bargaining, delegates voiced a litany of woes that face state employees,
providing a context as to why state employees need a different framework for
advancing their interests. Those
woes are demonstrated by the grim facts listed below:
Ø
There has been steady erosion
of pay and benefits. State
employees have fallen far behind the private sector in pay, and benefits are no
longer competitive. The Pay Plan passed by the legislature in 1993 remains far
from reality, as the legislature has never fully funded the plan.
Ø
North Carolina is 13.9 %
behind the national average for public employees pay, 15.5% behind the private
job market for base salary increases, and ranks 30th in the country in public
employee pay.
Ø
From 1991 through 2001, the
cost of living increased by 30.1%, while the cost of living raises given to
state employees totaled only 18.7%.
Ø
The 2001 legislative
session--the longest ever --mandated layoffs of some state employees, created
increased workloads by freezing vacant positions, and gave a flat $625 pay
increase. The “raise” that year
was, in effect, a pay decrease due to the accompanying increasing prescription
drug costs and spiraling cost of dependent health care coverage for state
employees and retirees. The health
plan deductible increased from $250 to $350; the maximum out of pocket expense
increased from $1,000 to $1,500; and doctor visit co-pays hiked from $10 to $15,
among other health care increases.
Ø
In 2001, state employees had a
30% increase in out of pocket expenses for dependent health care coverage.
Employee/children's health care contracts increased from $117 a month to
$152; employee and family contracts increased from $281 to $365 a month. This
was in addition to a 30% increase in dependent coverage in 1999.
Ø
In 2002, the budget proposed
by the governor and the budget bills passed by the Senate and proposed by the
House contained no pay raise at all for state employees.
Ø
Many state employees hold
second jobs to make ends meet, as their state jobs do not pay a living wage.
Furthermore, many state employees qualify for welfare benefits.
Ø
The employer retirement
contribution rate to the Teachers and State Employees System (TSERS) declined
from a high of 9.57% in fiscal year 1990-91 to 1.9% in fiscal year 2001-02. In
contrast, in the 2001-02 fiscal year, the state contributed 23.2% into the
Legislative Retirement System Pension Fund.
Ø
In 2001, using the excuse of
needing the funds to balance the budget, the Governor seized approximately $160
million of employer contributions to the Teachers and State Employees Retirement
System, forcing SEANC to sue for the return of those funds to the system.
SEANC has been supported in that lawsuit by the North Carolina Chapter of
the American Association of University Professors and by the North Carolina
Association of Educators.
Ø
The Governor and both houses
of the General Assembly have proposed eliminating the State’s contribution to
TSERS for the 2002-03 fiscal year. Future potential impacts include no COLAs for retirees and no
increases in the formula.
Ø
Failure of the General
Assembly to fully fund the State Employee Pay Plan will also impact the
retirement earnings of current employees, who will have a lower final average
pay for computing the retirement benefit than if the Plan had be properly
funded.
Ø
During 2001 and 2002, the
Office of State Personnel has proposed changes to the State Personnel Act that
will whittle away at the already limited protections available under the Act.
The proposals could eliminate longevity pay for future employees, deny
many employees any salary raises, and increase patronage.
Ø
Average turnover in state
government ranges from 12% to 15% and, in some job classes, over 30%.
Of this estimate, 24 % of the turnover are first-year employees, and 47%
have 3 or less years of experience.
Ø
More than 40% of state
employees make less than $26,000 a year.
Ø
Over 90 % of state employees
make less than $50,000 a year.
Ø
More than 50% of all state
employees earn below the midpoint of their pay grades.
Ø
While no budget for fiscal
year 2002-03 had been adopted at the writing of this report, the governor’s
proposed budget provided for cutting 2600 state employee positions, the budget
bill passed by the Senate cut 1300 positions and the proposed House budget bill
cut 1892 positions.
Thus, frustration with the actions of the General Assembly--a body that
has reduced jobs and job security, cut employee health care benefits and
retirement contributions, and limited pay raises to less than inflation--weighed
heavily in employees' minds as they sought to give state employees more clout
through the pursuit of collective bargaining.
In February 2002, President Shirley Bell appointed the special Collective
Bargaining Study Committee of 14 members representing all SEANC regions.
The committee met under the facilitation of its chair, Dr. Bob Berlam,
former SEANC Executive Director. This
report represents the committee's findings and recommendations to guide the
development of a strategic plan to help SEANC transform itself to a collective
bargaining organization.
The committee recognizes that members lack information on collective
bargaining, that there are many questions to be answered and details to be
worked out, and that grassroots education and consultation need to be done as
SEANC proceeds in this new direction.
This consensus report seeks to provide the framework to guide SEANC in taking steps towards collective bargaining. The committee acknowledges that the road to collective bargaining will be long and that this report itself is a first step.
The 12-member Collective Bargaining Study Committee
initially met on March 18, 2002. The
SEANC Executive Committee was also invited to attend. The first meeting established the clear purpose of the
committee. It was agreed that the
Convention had instructed the committee to examine the multifaceted process of
collective bargaining and to develop a detailed report with associated
recommendations “to determine the steps SEANC needs to take to be prepared to
act as a collective bargaining agent.
Under these parameters, the committee over the course
of the next five months researched the following areas:
·
existing forms of public sector collective bargaining;
·
alternative methods to obtain collective bargaining rights;
·
status of Federal legislation as it relates to “public sector”
collective bargaining;
·
negative and positive factors that could impact SEANC as an
organization should collective bargaining legislation be enacted;
·
long-term implication to SEANC, its Bylaws, structure, staff and
modes of operation.
Some ancillary research became necessary as the above
issues were examined. The committee
thought it necessary to analyze the pros and cons of the various collective
bargaining options and to advise the SEANC membership as to what the committee
considered the best choices for SEANC. In
order to accomplish this effectively, the committee attempted to define
collective bargaining and to develop comprehensive lists of components in
typical public sector collective bargaining legislation and agreements.
These and other findings are set out in the following
sections of this report.
The National Labor Relations Act, the federal
legislation which guarantees the right of private sector employees to bargain
collectively with their employers, does not apply to public sector employees.
Therefore, local and state government employees have collective
bargaining rights only where permitted by the law of the state in which they are
employed.
At present, the right of public employees to
collectively bargain is well established in the vast majority of states.
A total of 42 states have legal provision for some form of collective
bargaining by at least some state or local government employees.
Of those 42 states, 27 have legislation that specifically provides for
collective bargaining by state government employees, while another 6 states have
legal provision for “meet and confer” by state employees. (Source: Richard
Kearney, Labor Relations in the Public Sector, pp. 60-61, Marcel Dekker,
Inc., 2001.)
In North Carolina, collective bargaining by public
employees is stymied by G.S. 95-98, which declares against public policy and,
thus, illegal and void any agreement between any state or local government
agency and a labor organization acting as bargaining agent for public employees.
Moreover, G.S. 143-3.3(g) and
135-18.8 void the payroll deduction of dues of organizations that participate in
collective bargaining.
Nevertheless, there is at least one group of public
employees in North Carolina that has collective bargaining rights. A federal
court held in 1973 that the federal Railway Labor Act preempts N.C.G.S. 95-98
and requires that employees of the State Port Authority who perform work
directly related to rail transportation activities be permitted to collectively
bargain for an employment contract. Moreover, bills are currently pending in
Congress that would require state and local governments to engage in collective
bargaining with law enforcement, fire protection and EMS employees.
Should one of these bills becomes law, it likewise would preempt G.S.
95-98.
Even in the absence of an enabling statute, in some
states the right of public employees to collectively bargain has been recognized
or created by one of the following means: executive order, attorney general
opinion or court decision. None of
these non-statutory means, however, is a viable alternative to legislative
action in North Carolina. Insofar
as neither the Governor nor the Attorney General of North Carolina has the legal
authority to ignore or overturn a statute, neither executive order nor Attorney
General opinion holds any promise of side stepping the impediment to public
employee collective bargaining embodied in G.S. 95-98.
Moreover, federal courts in North Carolina have twice denied legal
challenges to G.S. 95-98. Subsequent to those decisions, the U.S. Supreme Court
also upheld the right of states to refuse to bargain with labor organizations to
which their employees belong. Smith
v. Arkansas, 441 U.S. 463 (1979). This ruling stands unless and until the
Supreme Court reverses itself. Given
the current makeup of the Court, that seems unlikely to occur anytime soon.
The governors of some states have created by executive
order a process through which state employees can collectively “meet and
confer” with the governor to discuss or negotiate issues of pay and working
conditions in an attempt to reach an understanding or agreement.
“Meet and confer” differs from collective bargaining in that no
binding contract results from “meet and confer” while, ideally, collective
bargaining does result in a binding contract (though, in reality, in many states
with collective bargaining the legislature still has the last word on contract
terms, such as pay raises, that affect the budget).
The North Carolina governor could establish by
executive order a “meet and confer” process, so long as it did not result in
the creation of agreement made illegal by G.S. 95-98. While such a process would be more formal than the system of
lobbying currently practiced, it does not appear to promise any better results
than the current system.
Under directions from the SEANC Executive Committee and President, SEANC staff has been meeting informally with representatives of other public employee associations and unions to explore the possibility of working together to seek collective bargaining rights for North Carolina’s public employees through appropriate legislation. While this organization is still in its formative stages, it envisions the creation of a broad, dynamic coalition of groups and individuals for the achievement of that goal.
Adaptations
Made By Other State Employee Associations in Becoming Collective Bargaining
Agents
In states where public employees have gained the legal
right to collectively bargain, most state and local government employee
associations have adapted by presenting themselves as employee representatives,
participating in negotiations, and becoming parties to written agreements.
The following bullets describe the typical adjustments made by those
associations.
While many of those associations eventually became
affiliated with national or international unions, not all have done so.
For example, the Vermont State Employee Association and the Montana
Public Employee Association have remained independent even while they serve as
the bargaining agents for most state government employees in those states.
The Connecticut State Employees Association was independent for forty
years until it affiliated with Service Employees International Union (SEIU) in
2001.
Collective bargaining for state employees usually is
not done for all state employees as a single group but for smaller groups of
employees (called “collective bargaining units”) composed of either
employees working in the same department or in related job classifications,
regardless of department. State employees associations in collective bargaining
states have usually restructured their organization to accommodate the existence
of collective bargaining units. A
single association may represent many bargaining units. For example, the Montana Public Employee Association
represents approximately 70 bargaining units. One reason the MPEA has so many
bargaining units is that it represents both state and local government
employees. The California State Employees Association likewise represents local
and state public employees. Other
state employee associations, such as those in Vermont and Connecticut, represent
only state employees in the collective bargaining process.
Most of the state laws establishing collective
bargaining rights do not permit high level managers or confidential employees to
belong to a collective bargaining unit. Some
exclude all supervisors, while still other states permit supervisors to
participate in collect bargaining, sometimes in separate bargaining units of
their own.
Since they are no longer employees, retirees generally
do not participate in collective bargaining.
As a result, the collective bargaining efforts of an employee association
usually do not directly address the interests of retirees.
Nevertheless, some employee associations in collective bargaining states
continue to lobby on behalf of their retiree members on retirement, healthcare
and other important issues. Moreover,
in at least one state, Connecticut, the state employee association and other
collective bargaining units representing retired state employees have
successfully negotiated a twenty-year contract involving healthcare benefits.
An additional role taken on by state employee
associations in collective bargaining states is that of providing members
representation in grievances. For
example, the Montana Public Employee Association reports spending 50% of its
annual budget on grievance representation.
As a result of the responsibilities added by
collective bargaining, state employee associations have usually raised their
dues. For example, Montana charges
dues of $12.50/month. The dues of
an employee association that is affiliated with a national or international
union are usually even higher, since a portion of the dues goes to support the
national or international union.
Often, the state statute governing public employee collective bargaining will require state employees who are members of a bargaining unit but not members of the employee association to pay a representation fee or “fair share.” This is the case in Montana, where the representation fee for non-association members is $11.50/month.
(1)
Composition and organization of a “Public Employees Relations Board.”
(2)
Scope of participants (who are included/excluded).
(3)
Potential organization of bargaining units.
(4)
Bargaining agent election.
(5)
Check-off of bargaining agent dues and representation fees.
(6)
Bargaining process, including impasse resolution.
(7)
Identification of topics to be included and excluded from the bargaining process.
(8)
Binding nature of contracts.
(9)
Mediation and arbitration.
(10) How to limit involvement of legislature.
(11) Grievance process.
(12)
Right to strike.
Topics
Addressed in Typical Collective Bargaining Contracts
(1)
The parties to the agreement and the time frame (usually 2 or 3 years).
(2)
Bargaining unit defined.
(3)
Bargaining agent recognized as exclusive agent.
(4)
The rights of the parties.
(5)
Check-off of bargaining agent dues and representation fees.
(6)
Grievance procedure.
(7) Seniority.
(8) Hours
of work and overtime.
(9) Leave
(including holidays, vacation, sick leave, etc.).
(10)
Hiring, promotions, and transfers.
(11)
Layoffs and callbacks.
(12)
Job classification review.
(13)
Performance evaluations.
(14)
Working conditions.
(15)
Contracting out.
(16)
Benefits.
(17)
Participation on committees.
(18)
Savings clause (whole
contract not invalid if portion nullified by court decision).
(19)
No strike, lockout, work stoppage, slowdown.
(20)
Next negotiation.
(21) Wage increases.
The
Economic Impact of Collective Bargaining
The
impact of collective bargaining on the salaries and benefits of state employees
has apparently been the subject of only a few studies.
Nevertheless, after surveying the existing studies, Professor Richard
Kearney, Chair of the Political Science Department at East Carolina University,
concludes that, on the average, collective bargaining boosts state and
local-government salaries by approximately five to six per cent and probably
increases the dollar value of benefits even more.
Based upon its review of public sector collective
bargaining across the nation, this committee has identified numerous
implications for SEANC that indicate the steps necessary to become an effective
collective bargaining agent. Those
implications and steps are detailed in the subsections below.
While the committee has attempted to make an
exhaustive list of the needed steps, it recognizes that other steps may emerge
as time progresses. Thus, the
committee feels that this Report should remain open-ended and be continually
reviewed and updated in order to meet future circumstances.
The committee was not charged with, nor did time
permit, molding these steps into a comprehensive plan of action.
Consequently, the committee strongly advises SEANC to prepare vigorously
for action through the creation of a long-range strategy developed by an ongoing
committee.
The committee further recognizes that the
ongoing education of SEANC staff, leaders, and members about collective
bargaining will be essential to our success.
Consequently, this Report should not be an end unto itself but
should serve as a training tool and guide for SEANC to achieve its collective
bargaining objectives.
The
committee anticipates that the steps to enable SEANC to act as a collective
bargaining agent will take place over a period of years.
It important that SEANC make substantial progress on a continuum over the
next several years. These steps
should be integrated, as much as possible, into the existing structure and
activities of SEANC and spread out over time so as to minimize costs.
One of the most important
results of the committee’s work is the recognition that participation in a
collective bargaining process will likely require changes in SEANC’s
structure, operating procedures and, thus, Bylaws.
For example, it is probable that future collective bargaining legislation
would allow for the creation of numerous bargaining units within State and local
governments and that SEANC would be competing with other employee associations
and unions to serve as agent for these units. Thus, there may be advantage for
SEANC to reorganize its membership and governance along the lines of bargaining
units, rather than the present configuration of districts and regions.
The
committee finds that no Bylaws or organizational changes are needed at this
time. However, SEANC should be
ready to make changes as necessity or advantage dictate.
The
committee finds that there is no necessity for SEANC to affiliate formally with
any other organization, such as a union, in order to become a successful
collective bargaining agent. Thus,
the current bylaws provision prohibiting affiliation with a local or national
union may remain unchanged.
Collaboration with Other Organizations
The
committee finds that it will be important for SEANC to act in concert with other
similarly minded organizations in the pursuit of collective bargaining rights.
There is nothing in the Bylaws to prevent SEANC’s membership in a
coalition formed for that purpose or to prevent us from drawing on the expertise
of organizations with experience in collective bargaining.
Collective
Bargaining Legislation
An
ongoing collective bargaining committee should make recommendations to the
Executive Committee and to the Board of Governors as to the provisions of
collective bargaining legislation that will best serve SEANC. Specific topics to be addressed are:
1.
Composition and organization of a Public Employees Relations Board.
2.
Scope of participants (who are included/excluded).
3.
Potential organization of bargaining units and whether or not this should
be in statute, including any issues related to separation of powers.
4.
Bargaining agent election.
5.
Check-off of bargaining agent dues and representation fees.
6.
Bargaining process, including impasse resolution.
7.
Identification of topics to be included and excluded from the bargaining
process.
8.
Binding nature of contracts.
9.
Best forms of mediation and arbitration.
10.
How to limit involvement of legislature.
11.
Grievance process.
12.
Right to strike.
The
committee recommends that SEANC be prepared to introduce enabling legislation no
later than March 2003, or earlier if approved by the Executive Committee and the
Board of Governors.
SEANC as Umbrella Bargaining Agent
Since it is the experience of
most other states that there are multiple bargaining units, the committee finds
that SEANC should be prepared to act as an umbrella bargaining agent for
multiple bargaining units. In this
way, SEANC will be able to exercise more control internally over
decision-making, so that one bargaining unit does not acquire an unfair
advantage over another. SEANC
will also be able to better address existing disparities that have grown out of
the current system of political favoritism.
It should be understood that
SEANC does not presently represent all active and retired state employees.
Public school teachers, some retirees, some law enforcement officers and
judicial figures are treated separately in matters determined by the General
Assembly. The structure of SEANC
will probably assume a complexion that reflects the various professions and
levels of professionalism dictated by the complexity of the state work force.
Findings Regarding Supervisors
The
experience in other states demonstrates that supervisors can successfully
participate in collective bargaining as members of bargaining units.
Thus, SEANC should take steps to ensure that the legislation adopted in
North Carolina to give public employee collective bargaining rights also
provides for the establishment of bargaining units that will include
supervisors.
The
experience of other states demonstrates employee associations that become
collective bargaining agents for active state employees can also continue to
represent successfully the interests of retirees. Some of the most important subjects of collective bargaining
for active employees, such as healthcare and retirement benefits, are also
important for retirees. Therefore,
when SEANC becomes a collective bargaining agent, it should continue to recruit
and maintain retired state employees as members and vigorously advocate their
interests. It is even possible that
a contract could be negotiated between the State and state retirees, as has been
done in Connecticut.
It is
likely that the statute that enables public employees to collectively bargain
will also require collective bargaining agents to assist members with their
grievances arising under the contract. Usually,
the initial stage of the grievance process is handled by one or more member
representatives designated to perform that role.
In later stages of the proceedings, bargaining unit staff and,
ultimately, attorney assistance are provided.
The steps SEANC must take to prepare for this new role include:
·
Organize and develop membership
structures within the districts/agencies to serve in employee/management
relations and grievance assistance roles.
·
Educate and train members and staff in
grievance procedures and advocacy skills.
· Recruit sufficient staff and legal resources to provide the needed assistance and representation.
The
committee finds that SEANC will need staff with knowledge and expertise in
managing bargaining unit election campaigns, contract negotiation and
administration, and grievance handling. The
following steps should be taken to fill these needs:
·
In hiring new staff, incorporate
wherever appropriate qualifications that will be useful in collective
bargaining.
·
Identify sources of training for staff.
·
Set aside annually a sum for staff
training specifically for collective bargaining.
·
Send staff for appropriate training on a
rotating basis.
The
committee finds that the accumulation of information and resource materials is
needed to facilitate the education of its leaders and members for the campaign
to gain collective bargaining rights and for SEANC’s transition to the role of
collective bargaining agent. The
following should be taken to meet this need:
·
Develop a small library of general
information on collective bargaining.
·
Gather information about collective
bargaining legislation in other states.
·
Gather information about collective
bargaining activity for state employees in other states.
·
Gather information about available
mediators and the frequencies and costs of mediation for state employee
bargaining units.
·
Gather information about conducting an
election and materials used in elections.
·
Acquire leader and member training
materials on collective bargaining from other states.
·
Develop a simple orientation packet on collective bargaining
tailored for SEANC leadership training.
The
committee finds that SEANC’s transition to becoming a collective bargaining
agent will require sustained, concerted leadership by its state and district
officers. Training on collective
bargaining should be presented to officers in the context of leading and
managing change.
Once
developed, the collective bargaining orientation packet should be utilized in
the training of officers on a schedule as the Executive Committee or Board of
Governors may direct. Staff should
evaluate the success of the packet, revise as necessary, and continue to
incorporate in leadership training as directed. SEANC leaders should understand that this orientation is only
a first step and that further training on conducting bargaining unit elections
and negotiating contracts will be necessary for SEANC closer in time to when
collective bargaining becomes a reality.
Member Education
The
committee finds that an educated membership is a prerequisite to SEANC’s
becoming and functioning as a collective bargaining agent.
In particular, without a knowledgeable membership to push for its
passage, collective bargaining enabling legislation will likely never be
adopted. The following are a
few of the steps needed to educate members:
·
When members of the Executive Committee
visit districts, they should relate the need for collective bargaining and
impart a vision of SEANC as the exclusive bargaining agent for our members.
·
Speeches, signs, and slogans at the
annual rally, and press releases about the rally, should incorporate the
collective bargaining policy platform objective.
·
The
Reporter should run general articles on
collective bargaining and update members on SEANC’s progress toward enacting
legislation and becoming a collective bargaining agent.
·
Since bargaining units may be organized
according to occupation, The Reporter
should also run a series of six to ten articles over a two year period on the
state of occupational groups within government, including unmet needs that could
be subject to negotiation. Groups
to be the subject of an article include law enforcement, fire protection and EMS
personnel; health care professions; supervisory personnel; and the remaining
occupational groups that might form logical bargaining units.
There should also be an additional article on how collective bargaining
will benefit retirees.
The
committee finds that there is a substantial possibility that pending federal
legislation will provide collective bargaining rights to law enforcement, fire
protection and EMS personnel much sooner than other public employees in North
Carolina will gain those rights. It
is unclear whether this legislation will apply to all state employees with
arrest powers, but it will clearly apply to some state employees, such as
Highway Patrol officers.
Special
attention needs to be given to these groups, since steps taken now may pay off
in the near future. It is very
important that SEANC demonstrate that it is prepared to act as a collective
bargaining agent.
To
this end staff should:
·
Conduct a formal or informal survey to
determine if state police, SBI, and parole and corrections officers would prefer
to be in a single bargaining unit.
·
Provide an estimate of SEANC’s
strength in winning an election among these groups.
·
Identify key SEANC leaders to serve as
members of a negotiating team.
·
Ensure these key members receive the
collective bargaining orientation training in fall 2002.
Insofar
as an election could materialize on short notice for this group, SEANC should
provide enough funds in its budget for the fiscal year beginning in 2003 to
conduct a first election.
The committee unanimously agreed
that the delegates at the 2001 Convention were clear in their desire for SEANC
to aggressively pursue collective bargaining legislation that would enable
public employees to bargain “as equals with management” at the bargaining
table. Recognizing this strong
desire by the Delegate Assembly, the committee urges as its first
recommendation:
1.
That collective bargaining continues to receive a high priority within
SEANC’s Policy Platform Objectives.
A lengthy investigation by the
committee indicated not only the complexities of collective bargaining as a
mechanism for employee bargaining, but also the significant changes that may
occur with SEANC, its Bylaws, governance structures and operating procedures,
staff responsibilities, committees and local district needs.
In order to effectively address these and other unidentified issues the
committee recommends:
2.
That the SEANC President appoint an on-going special committee on
collective bargaining to develop a long-term strategy that has at least these
four major components:
i.
education
of SEANC members, the general public and legislators;
ii.
development of desirable collective bargaining legislation;
iii.
implementation of any necessary organizational restructuring of SEANC;
and
iv. development of staff capabilities and other resources essential to being a collective bargaining agent.
A detailed appendix of
research materials and reports compiled by the committee during the course of
its work is being maintained at the SEANC central office in Raleigh for
consultation and use by members, future collective bargaining committees and
staff. The committee felt that it
would have been an unnecessary expenditure of resources to attach such a lengthy
document to the distributed copies of this Report.
[ Back To The Top ] [
SEANC25 Home
]