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Governor to sign union measure Order would allow state employees to pick rep, join talks by Matthew Benson -

Dec. 16, 2008 12:00 AM
The Arizona Republic

Gov. Janet Napolitano is prepared to sign an executive order allowing about 25,500 state employees to select union representatives who would have a seat at the table with state officials during talks regarding employee pay, working conditions, disciplinary actions and other personnel issues.

The terms are spelled out in a five-page draft of the executive order obtained by The Arizona Republic. She is expected to act on the order shortly.

It would grant state workers a labor authority known as meet-and-confer, mandating that the employees' chosen union representatives meet at least quarterly with agency heads. According to the draft document, the authority would be granted to employees of more than three dozen Cabinet agencies, minus the Department of Public Safety and Arizona National Guard. Napolitano spokeswoman Jeanine L'Ecuyer said the intent is to improve communication between rank-and-file employees and management, leading to cost savings.

"The governor believes this is the right thing to do," L'Ecuyer said.

But skeptics call the arrangement political payback to unions, and they worry it would complicate labor relations as the state faces budget shortfalls.

The news comes as Napolitano, a Democrat, prepares to resign to join the Obama administration as secretary of Homeland Security. Republican Secretary of State Jan Brewer would replace her.

State Rep. John Kavanagh, R-Fountain Hills, blasted the order as "midnight-oil rulemaking" and "a good example of a hit-and-run."

"Now, (Napolitano's) going to create labor policy that we'll have to deal with long after she's gone," Kavanagh said. "If she thought it was needed, she should have done it six years ago, not as she's jogging out the door."

Meet-and-confer authority is currently limited to state employees in the Department of Corrections, used as a sort of test case following another order signed by Napolitano in February. Forty-five cities, counties, and school and fire districts in Arizona have already approved meet-and-confer, with Pinal County most recent to join the list. Nationally, a little more than half of the states offer employees some form of union representation.

"It's a great format for employees to have a voice," said Scott Washburn, Arizona director of the Service Employees International Union. SEIU, the largest union in North America, has about 9,000 members in Arizona.

SEIU has consulted with the Governor's Office on the development of the executive order and is among the unions that would look to represent state employees.

If signed, the order would allow state employees to petition for union representation if they could show that it was desired by at least 30 percent of employees. The representative, who would be in place for at least one year and no more than three years, would have authority to meet with the agency director on issues such as "employee recognition and morale," disciplinary concerns and working conditions.

Meet-and-confer authority doesn't ensure that agency directors negotiate with the union, merely that they listen.

Union membership would remain voluntary. Arizona is a right-to-work state, so no employee can be required to join a union or pay union dues.

State employees already have the ability to join a union, though that representative isn't assured regular meetings with an agency director.

The city of Tempe has had a meet-and-confer system in place since 1999.

Mayor Hugh Hallman said union involvement has taken some of the guessing game out of talks regarding employee pay and benefits. Between 800 and 900 city workers, about 60 percent of the Tempe workforce, have opted for union membership, he said.

While Hallman is wary of the process being used for "political purposes," he said it has made city employees an equal partner in pushing for efficient government, especially in times of budget crisis.

"Every dollar that can't be saved is somebody's job that must be cut," he said. "It gives them a vested voice in making sure the city is being managed efficiently." Still, Hallman said caution is warranted.

Kavanagh was more than cautious.

He's alarmed. As incoming chairman of the House Appropriations Committee, Kavanagh worries the Napolitano order would further muddy state finances by creating "yet another pressure group." Unknown is how incoming Gov. Brewer would view union representation, and whether she would - or could - wipe it out with her own executive order.

Washburn is optimistic that won't happen. "We're eager to work with the new governor," he said. "This is not a partisan issue. It's about making government work."