Report on AFSCME Activity - Special Session

September 7^th-13^th 2005

The AFSCME Lobby Team followed many issues of critical importance to State Employees during the just finished week-long special legislative session called by Governor Joe Manchin. Below are the main activities & legislation we followed in order to protect and enhance the jobs, benefits, and work environment of all state employees. Complete bill histories and final wording of all legislation considered are available at http://www.legis.state.wv.us/ .

"The Special Session netted a nominal across the board increase for all state employees and a commitment to do more during the regular session in January – that is not enough."
               AFSCME Executive Director Ed Hartman 

Day One – Petitions Delivered

On the First day of this Special Session, AFSCME representatives delivered copies of hundreds of petitions with thousands of your signatures on the pay raise to: Governor Joe Manchin; Delegate Kiss, House Speaker; and Senator Tomblin, Senate President. In these petitions, you asked your lawmakers to treat you fairly and give you not one penny less than what teachers were proposed to receive as a raise.

In addition, the following day Senator Bowman and Delegate Moore, at the bequest of AFSCME’s lobby team, presented copies of these petitions to the full Senate and House where they were referred to each Finance Committee.

Public Hearing on Pay Raises Thursday 9/8

Three AFSCME representatives were among the speakers on the House Chamber to address the issue of pay increases for Public Employees. They made the following points to lawmakers listening in attendance at the hearing:

• It’s been three years since the last ($500) increase in pay for state employees
• WV State Employees are now ranked 48^th in the nation in pay
• A $900 pay increase is not enough
• It only fair to give state employees the same treatment as education employees
• PEIA increases scheduled for 2006 will eat up most of the proposed $900

HB 414 – State Employee Pay Raise Appropriation – intro 9/8 - passed on 9/13

This legislation amended the State Budget to give more funding to each agency for a $900  pay raise for State Employees.

This House Bill passed the full House as introduced on Monday and was sent to Senate Finance Committee. In that Committee, AFSCME Lobbyists convinced Senator Yoder to sponsor an amendment to increase all public employees raises to $1175 (from $900) but the amendment failed to receive a majority vote of the committee.

Governor Manchin had, the previous day, met with Committee members in caucus to encourage them to vote down any amendments and retract the increased amounts they had already passed (which they eventually did). During Committee debate on the amendment Brian Kastick, who was testifying for the governor, admitted “its not enough…this is a first step….”

When this bill came up for passage on the Senate Floor, Senator Jon Hunter pointed out the inadequacy of the pay raise for Public Employees. He reminded lawmakers of the fact that it’s been three years since our last raise and also that PEIA increases are scheduled for next year that will eat up much of this pay raise. He suggested fellow lawmakers come back during the regular session to do it right.

AFSCME will be back in January at the regular legislative session to lobby for a multi-year commitment of scheduled pay increases for public employees. We have commitments from several legislators to support such legislation already.

HB 407 – State Employee Transfer Bill – intro 9/7 - passed on 9/13

This bill provides a mechanism for Department Secretaries to agree to transfer employees between Departments only when such employee’s jobs are scheduled to be eliminated or consolidated. Present law provides for transfers only within Departments.

This bill as introduced was an invitation for employee abuse. It contained no safeguards on seniority, pay grade, travel distance and many other factors that would have the potential to be misused. AFSCME watched this legislation at every step and was active in negotiations on behalf of public employees with Committee lawyers and Administration officials. During several rounds of negotiations and Government Organization Committee meetings in both Houses, the bill was amended three or four times to insert protective language that now maintains seniority, pay scale, and limits moves to 30 miles. It also contains final language to protect classified employees when transferred. AFSCME will also be monitoring the filing of emergency rules that will guide Departments when making such transfers.

HB 406 – President’s Day Bill – intro 9/7 - passed on 9/13

This bill adds an official day of paid vacation for state employees on the day after Thanksgiving. However, it consolidates Lincoln’s birthday (Feb 12^th) with Washington’s into a President’s Day holiday on the third Monday of February now called President’s day. The new President’s Day will now correspond to the Federal holiday. This proposal generated much heated debate both in committee and on the Floor of both the House and Senate but in the end passed both houses.

Miscellaneous Bills of Interest

HB 402 – Regulation of 527 Organizations – This bill will begin to clean up state elections.  The bill places a $1,000 cap on contributions to 527 organizations and requires complete disclosures on who contributes to 527 organizations.  Last year Don Blankenship helped form the 527 organization euphemistically called “And for the Sake of Our Kids.”  This organization legally evaded our election laws.  HB 402 will ensure that 527 organizations will have to play by the same rules that candidates and political action committees do.