March 13, 2006

2006 Legislative Session Wrap-Up for Public Employees

Where Hollywood chose "It's Hard Out Here for a Pimp" as its Oscar-winning song, if the 2006 West Virginia Legislative Session had a theme, it might have been, "It's Hard Out Here for a Public Worker."

AFSCME represented its membership throughout the W.Va. Legislature’s 2006 regular session, by advocating for PEIA cost-controls, grievance process reform, pay raises, and family leave flexibility. The session was largely dominated by Gov. Joe Manchin’s agenda, which appeared to place little focus on public employees. Below are brief updates on these issues and pointers on how you can help keep their momentum going throughout the upcoming interim and special sessions of the Legislature.

PEIA Cost-Control Efforts

Keeping down the cost for Public Employees Insurance Agency participants remains a top AFSCME concern. Under the terms of House Bill 4654, the Legislature has obligated itself to help offset employee premium increases, with the dollar amount of assistance to be determined within the coming weeks.

Brian Kastick, a policy advisor within the governor’s office, met with labor representatives last week to communicate the governor’s concern and commitment to easing PEIA costs. A consulting company has been hired to structure recommendations that could improve a future benefit design. In the short term, using PEIA reserves and a legislative supplement may be the best means of holding down 2007 cost increases, according to Kastick.

Grievance Process Reform

After moving through the Senate Judiciary and Finance committees, legislation that would streamline the state’s grievance process was defeated on the Senate floor. However, the matter has garnered Gov. Manchin’s attention, and negotiations between labor officials and grievance administrators are likely to occur throughout the summer to generate future legislation acceptable to all parties. Labor representatives were unified in their support of the below grievance bills, but administrators lobbied against the measures. AFSCME will advocate for legislation to be taken up during a 2006 special session.

Last year AFSCME played a central role in getting the W.Va. University Institute of Labor Studies to investigate problems within the state’s grievance procedures. During the fall, the institute recommended to the Legislature that the grievance system be streamlined, and optional binding arbitration be allowed. 

Senate Bill 417, the above discussed grievance reform bill, was sponsored by Sens. Hunter (D-Monongalia), Unger (D-Berkeley), Edgell (D-Wetzel), Dempsey (D-Lincoln), Prezioso (D-Monongalia), White (D-Webster), Love (D-Fayette), Kessler (D-Marshall), Fanning (D-McDowell), Minard (D-Harrison), and Foster (D-Kanawha). The House version for grievance reform (HB 4750) was never placed on the House Education Committee agenda, but was sponsored by Dels. Richard Thompson (D-Wayne), Tucker (D-Marshall), Louisos (D-Fayette), Caputo (D-Marion), Manchin (D-Marion), Martin (D-Putnam), Hartman (D-Randolph), Hunt (D-Kanawha), and Barker (D-Boone).

Pay Raise Proposals

Despite a surplus in the state budget over $300 million, none of the bills (HB 4657, HB 4825, HB 4615) that would have increased public employee salaries made it out of the House or Senate finance committees. This is a critical issue that AFSCME will keep in front of the governor and lawmakers, as West Virginia public employees continue to rank within the nation’s lowest paid. Throughout the session, Del. Joe Delong (D-Hancock) stressed that public employee salaries should be increased before further administrative raises are considered.

Earned Leave

As public employees earn annual and sick leave, AFSCME continues to lobby the Legislature for greater flexibility of usage. SB 666 would have allowed employees to use their earned sick leave for family leave compensation, in the event a child, spouse, or parent needed care. This measure passed the Senate on March 1, despite concerns from the governor’s office that the fiscal implications of such could reach $10 million annually.

To address that concern, the House Judiciarby Committee amended and approved SB 666 so that an employee could receive no more than 80 hours of compensated annual leave per year. The measure stalled in the House Finance Committee when Chairman Harold Michael (D-Hardy) refused to waive the reference to his committee, despite the governor’s support of the amended version.

Several delegates recognized the potential cost-savings of paid family leave, given that failure to allow such likely increases the state’s already daunting financial liabilities. Legislation that would allow the state to repurchase employees’ accumulated sick leave (SB 179) was introduced by Sen. Shirley Love (D-Fayette), but never considered.

Other Measures

AFSCME was successful in thwarting the dissolution of the Division of Personnel and civil service system, as proposed by Sen. Billy Wayne Bailey (D-Wyoming) within SB 21, which was never taken up by committee.

SB 245 will allow counties, cities, and municipalities to establish metro forms of government, with the approval of at least 55 percent of all voters in the effected areas. The bill passed without language that would have allowed for the privatization of public employee positions.

HB 4846 will provide a one-time supplement to pensions of retirees over 70. The total supplement to be appropriated by the Legislature totals $15 million, given that the Senate moved $5 million from a venture capital fund to pensioners.

Assistance Needed

As AFSME continues to lobby the Legislature on these issues, we remind you that your involvement remains critical to the process. By staying informed and establishing a dialogue with your respective legislators, the voice of labor is strengthened, and further progress can be made. Contact is most important with legislators on the House and Senate finance committees, in addition to the Senate president, House speaker, and majority leaders.

To locate your legislator call (877) 565-3447 or visit www.legis.state.wv.us online.