Subject: Important Article From AFSCME Florida

AFSCME Florida thought you would be interested in this article.

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Bill targets hearings for unions

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(2/13/02 Tallahassee Democrat)

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State employee unions would not be entitled to public hearings on wages and

working conditions when contract negotiations break down under a bill House

Republicans quickly approved Tuesday.

Rep. Loranne Ausley, D-Tallahassee, complained that the constitutional right

of collective bargaining would be denied to state employees under the House

bill (HB 641), which was sent to the Senate in a 69-48 vote.

But Rep. Fred Brummer, R-Apopka, said the bill, which had been approved by

his House State Administration Committee, would let unions, state agencies

and lobbyists for other interested groups give the Legislature written

briefs on sticking points in contract negotiations - which lawmakers could

consider in drawing up the state budget.

"This bill is about legislative independence and flexibility - not about the

governor or the unions," Brummer said.

The bill grew out of a bizarre series of events last year.

The Department of Management Services and the American Federation of State,

County and Municipal Employees were unable to agree on several points -

including provisions of Gov. Jeb Bush's "Service First" personnel plan. A

special master's arbitration report, largely critical of Service First, was

received by both sides and the Legislature, but AFSCME, citing the law then

existing, demanded 20 days to study it and prepare testimony.

Circuit Judge Ralph Smith told the Legislature not to act, but members

defied his order and held an impasse hearing, resolving differences in favor

of the state. House Speaker Tom Feeney, R-Oviedo, and Brummer said the

judicial branch could not tell the Legislature not to hold a meeting - any

more than a judge could tell members how to vote.

To avoid such a standoff in the future, Brummer's bill makes public hearings

discretionary - with the Legislature deciding whether they're needed.

"Last year, we eliminated the special master, and impasses went directly to

the joint select committee for hearing," Ausley told the House. "This bill

changes that again. We're not going to require public hearings. Because

public employees cannot go on strike, it's important that they have the

right to be heard."

House Democratic Leader Lois Frankel of West Palm Beach said the bill "is

disrespectful of our public employees and degrades their right to collective

bargaining."

No Democrats voted for the bill. Five Republicans joined Ausley and Frankel

in opposing it, but the GOP leadership easily steered it to final passage in

the House.

Senate action is not expected until late February or early next month, and

the issue could wind up in a joint committee for compromising of House and

Senate differences in the session's final days. A companion bill by Sen.

Rudy Garcia, R-Hialeah, was not acted upon Tuesday in Garcia's Senate

Governmental Oversight and Productivity Committee but probably will get a

hearing next Tuesday