Union Killing Bills- AB182 & AB280

The article below on ​  AB182 and AB280  was written by Tom Chiello with NAPSO/CWA Local 9110.  Tom is the President of the Henderson Police Supervisors Association​ and has been closely following AB182 and AB280 since the first day they were introduced.  Tom is fully aware of the negative impact of both of these union killing bills and took the time to write an article to educate all our members, so everyone understands exactly what these bills will do to workers if they pass. Please take a moment to read this great article and take action.  
​AB 182 will be heard this afternoon ​, Wednesday March 25th  in the Assembly Committee on Commerce and Labor at 1:30 pm in Room 4100 at the State Legislature in Carson City. It will also be video conferenced to room 4401 of the Grant Sawyer State office Building, 555 E. Washington Ave., Las Vegas, NV.  Please call and email the committee members and let them know that you oppose AB182 and any bills that will destroy working families.  Click on  https://www.leg.state.nv.us/App/NELIS/REL/78th2015/Committee/47/Overview ​ for the emails and phone numbers of each member of the Committee on Commerce and Labor.  Please make sure you contact each committee member this morning and have your voice heard.
AB280​ has not been scheduled yet, but we know it has been assigned to Assembly Committee on Government Affairs.  We need everyone to start contacting the members of this committee and tell them you oppose AB280 and any bills that will destroy working families.  Click on  https://www.leg.state.nv.us/App/NELIS/REL/78th2015/Committee/62/Overview ​ ​ for the emails and phone numbers of each member of the Committee ​ on Government affairs.
​Lets have our voices heard.  Take action today!​ ​ Union Killing Bills- AB182 & AB280

Ladies and Gentleman, the time to sit idly by and hope for the best has passed… if you expect to continue to have the ability to have a say in your working conditions, wages, and benefits, then you need to be extremely concerned about two bills pending in the Nevada Legislature in this 78th (2015) session.  AB182, and AB280, will comprehensively gut and purge your union/association’s right to function the way it does today. In some cases it will unequivocally put the union/association out of business… in others, it will leave the union/association operating at such a disadvantage that it will effectively be left with little more than its name.

 Assembly Bill 182 is a comprehensive bill that systemically cuts and slices employee organizations piece by piece.  It will:

1)      Prohibit local government employers from agreeing to pay dues to an employee organization through deductions from compensation.

• Why? This does not increase the cost to the government entity. You can have your paycheck divided and paid in a multitude of ways, to multiple banks or supplemental insurance carriers, to pre-taxed medical plans, and even wage garnishments. Making a separate pay line (which the employee authorized), is not a burden. This is just a veiled attempt to put an employee association/union out of business.

 

2)      Prohibit employers from providing paid leave or compensation or benefits for time spent by employees doing union duties.

• Why? These are benefits that the employee associations bargained in good faith for. Rather than getting increased benefits in other areas of the collective bargaining agreement, they took this as an agreed upon form of compensation. Union duties are not universally detrimental to the employer. In fact, they often help the employer resolve disputes expeditiously, and without undue litigation and expense. Would the employer rather handle all disputes in court, or before a labor relations board? Would the employer want to negotiate contracts or handle disputes at 2AM or on the weekend? Union time/leave allows for a more expeditious dispute resolution. 

 

3)      Prohibit certain employees in bargaining units-Supervisors (there are additional occupations that are prohibited as well).

• Why? The supervisory personnel who are covered by collective bargaining agreements are lower and middle management. They are not the top level decision makers in the agencies they work at, and are closer in pay and benefits to the line level employees they supervise. They too need collective bargaining to maintain fair wages and working conditions.

 

4)      Clarify when a collective bargaining agreement would expire.

• The language introduced would eliminate the “Evergreen” clause most agreements have which keeps the agreement intact while the new agreement is bargained for and implemented. Removing this provides no incentive for the employer to expedite negotiations, or act in good faith.

5)      Eliminate final and binding fact‐finding except upon the election of the governing body.

• Why?  Why would the governing body ever elect to allow this if they did not have to? This process helps spur the conflict resolution process. Eliminating this is placing another obstacle in front of employee groups trying to ensure the government entity acts in good faith.

 

6)      Remove certain government funds from the scope of collective bargaining and from fact‐finder’s consideration.

• Why? Having all funds available under the scope of bargaining is another mechanism to ensure the government entity negotiates in good faith. Removing portions of it only reduces the chance of this happening. Additionally, there are numerous other bills pending that address this specific item.

 

7)      Eliminate impasse arbitration for public safety employees. 

• Why? This is like removing an impartial judge from determining who gets what property in a bitter divorce proceeding, and allowing one spouse to have final authority in determining who gets what. Public safety personnel gave up the right to strike in return for this dispute resolution process, and it has worked well for nearly five decades now. Employee associations don’t win every arbitration proceeding. In fact, they lose them more often than not. However, the prospect of arbitration often spurs BOTH parties to compromise and come to a mutual resolution before an outside party could choose the proposal they don’t agree with. This process works.

 

8)      The right to reduce in force or lay off any employee because of a lack of work,reduction or elimination of services, budgetary reallocation of expenditures, loss of revenues or lack of money.

• Why? The red hi-lighted areas are proposed new additions to this NRS. This is very vague and can be manipulated and used abusively.  The current language is more than sufficient.

 

9)      Allow a local government employer to eliminate or reduces any service provided by its employees; to effectuate a layoff or reduction in its workforcedirected to those employeeson the basis of any factors it deems appropriate, without regard to the seniority of those employees.

• Why? The red hi-lighted areas are of particular concern. Seniority has been the basis of stability and retention. This too can be manipulated and used abusively. An entity could lay off all of the senior employees prior to them reaching the highest pay grade, replacing them with junior (newer), cheaper, and less skilled and knowledgeable employees. This vicious cycle could continue in perpetuity.

 Assembly Bill 280 is a comprehensive bill that obliterates employee organizations in one fell swoop.  It will:

1)      Allow a government entity todecline to negotiate with an employee organization after receiving an intent to negotiate notification from the employee organization.

• Why? See below for further explanation.

 

2)      After declining to negotiate, allow the government entity to prescribe all terms and conditions for employees represented by the employee organization once the current collective bargaining agreement expires.

 

• Why? There would be no negotiations, so there would be no need to do anything in good faith. The employer would make any and all wage, benefit, and working conditions that they chose. If you were wondering what some of those things would encompass, AB182 will give you a good start.

In short, these bills seek to reform NRS 288 in a manner that would greatly benefit local government jurisdictions, yet would devastate employee organizations. Whereas AB182 dissects employee organizations piece by piece, AB280 destroys the employee organization in a single blow. Both are horrible bills that will eliminate decades of labor peace and prosperity.  Ladies and Gentleman, you need to contact your legislators and advise them to OPPOSE these bills! Call them, email them, and log onto the legislative website and oppose them! Additionally, make sure you do the same for ALL the members of the Assembly Committee on Commerce and Labor.  OUR future depends upon this!

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