Dues Question Remains In ‘Meet And Consult’

The Charleston Gazette, Oct. 18, 2005

State employees should be able to choose who will represent them in discussions with management, according to a report from a state commission studying public-sector employment. But the subcommittee that wrote the report could not agree on one key question: Will state employees have to pay fees or dues to their chosen representative, especially if it is a union?

In December, former Gov. Bob Wise created the Commission on Public Sector Employment and Employee Relations. The commission has been studying whether the state should adopt a “meet and consult” arrangement with its more than 43,000 employees.

Organized labor has sought collective bargaining rights for public employees for years. “Meet and consult” does not go that far, but would allow employee representatives to negotiate with management about pay and work conditions.

The group faces a Nov. 1 deadline. On Monday, it seemed far away from a consensus. The subcommittee presented its report to the larger group Monday.

Public employees have the right to join together to discuss their working conditions with management, the report says. Employees should be able to choose representatives to bring their concerns to supervisors, the report says. Each agency or college should choose its own representation.

The report doesn’t take a position on two key issues:

·  Whether an election would be required in agencies where most workers already belong to a union.

·  Whether agency employees would be required to pay dues or fees to the group representing them.

Brenda Nichols Harper of the state Chamber of Commerce said she opposed any plan that would lead to state workers paying fees to a union. She also questioned whether it was ethical for union leaders to vote for the proposal, since they might benefit from it.

The committee members are making only a recommendation, said Gary Fritz of the Service Employees International Union. Gov. Joe Manchin will make the final decision about whether to issue an executive order allowing “meet and consult.”

“We can recommend anything we want,” Fritz said. “Our recommendations are not law. I don’t see any problem whatsoever.”

Administration Secretary Robert Ferguson said he would ask the state Ethics Commission for an opinion.

Harper said that each employee should be able to choose his or her own representative or represent themselves to management.

Union officials said such a plan was unworkable and no different than the current system. “That’s how you weaken the employees’ voice. That’s what we have now,” said Judy Hale of the West Virginia Federation of Teachers.

Instead, they said managers should be able to forgo an election if a clear majority of workers in an agency already belong to a certain union.

State worker Mary Jane Lopez said she favors an election in all cases. “If you want to have a union representative run, that’s fine,” Lopez said. “But you’re also going to have a non-union person run, too. ‘Vote for me, there’s no fee.’”

The group came to no decision regarding the subcommittee proposal. It plans to meet two more times this month.