This news article originally provided by The Charleston Gazette

Click here for PDF of Governor’s Commission on Public Sector Employment and Employee Relations Recommendations to the Governor

November 1, 2005

‘Meet and consult’ process endorsed

State workers’ union chiefs pleased with new proposal

By Scott Finn
Staff writer

Public employees should be allowed to elect representatives to negotiate with management over wages and working conditions, according to a state commission.

The Governor’s Commission on Public Sector Employment voted 9-6 last week to endorse “meet and consult,” a new system of communication between state workers and their bosses.

On Monday, the commission sent the proposal to Gov. Joe Manchin for his consideration. Manchin could create the “meet and consult” system by signing an executive order.

The proposal would allow higher education and state employees to pick someone to represent them — either a person or a group. Or the employees could choose no representation at all.

That representative would meet with management over a wide range of workplace issues.

Unlike collective bargaining, those negotiations would result in recommendations, not a binding contract. Still, union representatives are happy with the proposal.

“I’m thrilled,” said Judy Hale of the West Virginia Federation of Teachers. “This gives state employees a real voice in improving their workplace.”

Several nonunion commission members opposed the plan. Brenda Nichols Harper of the West Virginia Chamber of Commerce said her organization probably will ask Manchin to reject it.

“One question that has not been answered is whether this is best for the state of West Virginia,” she said. “This deserves more study.”

The commission couldn’t agree on whether all agency employees would have to pay union dues if the union was elected to represent them. That issue was left to Manchin to decide.

Union leaders said their dues are minimal (as low as $15 a month) and necessary to provide good representation. Harper said workers should never have to pay dues involuntarily.

Several unions and similar groups already represent state workers, such as the Communication Workers of America, West Virginia Federation of Teachers, West Virginia Education Association, and the American Federation of State, County and Municipal Employees.

Union representatives have informal relationships with state agencies. The proposal would require state officials to meet with employee representatives.

Under the proposal, state workers would be divided into certain units. At colleges and universities, those units could cover an entire campus or multiple campuses for institutions such as West Virginia University. State workers would be divided into units based on their agency and type of job.

The proposal gives few details about how the process would work. Somehow, workers in the unit would elect their representative through a majority vote. That representative could be a union, another group, or an individual.

Agency managers could ignore any recommendations coming out of the process. The negotiations also cannot supercede the power of the Legislature to pass laws or appropriate money.

Also, the commission recommended that Manchin resurrect a defunct personnel advisory council to help state leaders make employment policy.

Gov. Gaston Caperton founded the advisory council more than 15 years ago, but subsequent governors failed to appoint members to the board.

Some commission members want the “meet and consult” recommendation to extend to school employees and other county employees.

Dale Lee, vice president of the West Virginia Education Association, wanted to ask Manchin to include county-level employees in a similar plan. But only two commission members voted for it.

“If it’s good for higher education and other state workers,” Lee said, “then it should be good for county workers, too.”

To contact staff writer Scott Finn, use e-mail or call 357-4323.

NOTE: AFSCME West Virginia State Director Ed Hartman was an original member of this commission and served on the subcommittee that drafted the core language of the final recommendation to present to Governor Manchin. AFSCME Council 77 thanks the International Union and WV AFL-CIO for their support in this effort and urges Governor Joe Manchin to adopt the recommendations in a history making Executive Order.