July 2011 issue of HR News magazine - IPMA

■ l a b o r - m a n a g e m e n t c o o p e r a t i o n & n e g o t i a t i n g w i t h u n i o n s ■
When it comes to labor relations, William Prokop
considers himself fairly lucky. Prokop, IPMA-CP, is
assistant city manager in Keene, N.H. New
Hampshire, like many states throughout the
country, has been embroiled in a heated battle over labor issues. At
press time, New Hampshire’s state house had recently delayed a vote
on whether to override Gov. John Lynch’s veto of the controversial
“right-to-work” bill passed by the legislature earlier this year.
The bill would prevent unions from collecting partial dues from nonmembers.
Supporters of the bill say it prevents workers from being
forced to join unions, while those who are opposed to it contend that
court rulings prevent forced membership.
It has been a contentious debate, but Prokop said he didn’t think the
outcome would affect Keene much. In his city, he said, relationships
between employers and the unions have always been strong, and he
doesn’t expect the bill’s fate to change that.
“Our collective bargaining relationships happen to be very strong and
very good,” Prokop said. “Many places have had constant union problems,
but I think that if both sides work to understand each other, you
can have a good relationship.”
Unfortunately, not all share his optimism. All over the country, many
states are fighting battles over exactly how much negotiating power
unions should have, and some wonder what the future of collective
bargaining will look like.
Debates All Over
New Hampshire is only one of several states to mull a right-to-work
bill, with others including Maine, Indiana and Missouri. More than
20 states have such laws in place already, but many of the right-towork
bills being debated now are facing strong opposition. In most
cases, the greatest animosity has been expressed by unions, who see
right-to-work as an attack on organized labor. In Maine, hundreds of
union workers from the public and private sector turned up to protest
a public hearing on the bill in early June.
Those who support the bill, however, said it could reap economic
benefits for states that enact it. In his veto of the New Hampshire bill,
Lynch argued that there wasn’t enough evidence of the bill’s
economic benefits.
But right-to-work is just one of many union-related controversies
making the news these days. Many other states are considering bills
that are viewed as anti-union by some, and as essential cost-saving
measures by others. In Ohio, legislators passed a law in spring that
effectively stripped most workers of the majority of their collective
bargaining rights, and boosted health insurance and pension contributions
by workers. As of press time, unions were still pushing to
undo the Ohio legislation, collecting signatures in an attempt to force
the issue to a referendum.
In Tennessee, Gov. Bill Haslam recently signed off on a bill repealing
a 1978 measure mandating collective bargaining for public school
teachers. That decision was made to the chagrin of members of the
state’s education association, who argue that the legislation will make
it harder for teachers to advocate for themselves.
Nevada passed a state budget in early June that, among other things,
allows local governments to reopen employee contracts during fiscal
emergencies, and prohibits supervisors from collective bargaining.
The budget also would eliminate retirement health insurance for state
employees hired after Jan. 1, 2012.
In Massachusetts, the House and Senate have approved separate but
similar measures that would curb collective bargaining rights of units.
Both plans would allow local officials, such as mayors, to move workers
into the state’s health insurance plan. Officials would also have the
option of designing their own plans. Though workers would have the
opportunity to discuss any health insurance changes, the officials
would have the final word on any new arrangement, even if the workers
oppose it. Like most other plans that have been labeled “antiunion,”
the Massachusetts plan aims to save money.
“...employers would have
to set policies about
these conditions,
which would be tricky.”
One of the harshest battles over bargaining has taken place in
Wisconsin, which, like Ohio, passed a bill limiting bargaining rights
and raising worker contributions to health care and pension funds.
Wisconsin Gov. Scott Walker pushed for the law as a way to help
balance the state’s budget, but, as in other states, the legislation drew
the ire of many. It particularly angered those who argued that Republican
lawmakers, many of whom supported the bill, had violated the
state’s open meetings law during the session that led to the bill’s
passage.
That debate led a circuit court judge to void the law in late May,
ruling that the open meetings law had indeed been broken. However,
as of early June, the law’s fate was still uncertain, with the Supreme
Court slated to discuss whether to take up the ruling.
Maria Monteagudo, employee relations director for the City of
Milwaukee, Wisc., said, despite the circuit court ruling, she’s almost
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