ALASKA LABOR RELATIONS AGENCY Minutes of Business Meeting April 11, 2002, 10:00 a.m. 1. Call to order: Meeting was called to order by Board Chair Aaron Isaacs, Jr., at 10:00 a.m., in the Department of Labor and Workforce Development Building, Room 208, 3301 Eagle St., Anchorage, Alaska. Present at the publicly noticed meeting were Aaron Isaacs, Jr., Chair, Dave Rasley, Vice Chair, and board members Robert Doyle, Raymond Smith, and Dick Brickley. Chair Isaacs noted a quorum was present for conducting business. New Board Member Roberta Demoski was unable to attend today's meeting. Staff members Margie Yadlosky, Jean Ward, Mark Torgerson, and Tank Gibson also attended. A sign-up sheet was provided for persons from the public. 2. Approval of minutes from September 20, 2001, business meeting: Board member Doyle moved to approve the minutes. Member Brickley seconded the motion and the minutes were approved. 3. Old business: a. Status of pending cases. 1. Case flow chart. (Margie) Board members reviewed the case flow summary report, which provides an overview of the work load by showing the number of cases filed and closed during a reporting period. Margie Yadlosky provided an overview of case filing and resolution activity. The total caseload is 54 cases, compared to 60 at this time last year. Margie noted the Agency continues to make progress in reducing the overall caseload. 2. Update on unit clarification and unfair labor practice petitions. (Margie/Jean) Margie said the Agency continues to reduce the unit clarification (UC) backlog. The unit clarification caseload has been reduced from 40 to 26. Margie is awaiting responses to the UC questionnaires in approximately one-half of the remaining cases. Margie said the Agency investigates cases more assertively now, because incumbents do not respond as readily now as they did previously. Jean Ward described the status of pending unfair labor practice (ULP) cases. Jean said the ULP caseload was in good shape, perhaps in the best condition it has been in. There were 19 open cases but 12 were in abeyance. Responding to a question from Member Doyle, Jean said there are no high priority cases that need Jean's action at this time. Jean also D:\TICKLER\laborr\041102MIN.doc
reported on the status of some specific cases. Based on some phone calls she recently fielded, Jean is anticipating, there may be some unfair labor practice complaints filed in the near future. Jean also reported on a dispute regarding the Alaska Railroad Corporation and one of its unions. Mediation may be required. 3. Update on election petitions. (Jean) Jean reported there was upswing in representation issues this quarter. There were 2 elections, both in school districts (Craig and Ketchikan). Jean reported there are five election matters pending. There was also a first-ever petition for recognition by mutual consent at the Matanuska-Susitna Borough School District. This petition covered a small unit of supervisory employees. b. Budget. Margie and Mark outlined the status of the FY 2002 budget. Margie said the Agency has spent 69% of the budget so far this fiscal year (FY 02). She anticipates the entire budget will be spent. Margie said there may be a small personal services shortfall. The Agency's fiscal year 2003 budget is still pending. There is a proposal to increase the Agency's budget by approximately $9,000 to pay for 3% raises for non-union employees so they will receive the same increase granted to union employees under the supervisory collective bargaining agreement. Mark reported on budget events so far this legislative session. The House of Representatives voted to reduce the budget by $3,700. The Senate Finance Sub-Committee voted to restore the budget to flat-line status. The final decision rests with the House/Senate Conference Committee. No decision yet. Member Doyle questioned the cost for "DP chargebacks." Member Doyle moved that the proposed $3,700 budget reduction come out of the chargeback. Member Doyle questioned the way chargebacks are handled, and the accountability of the DP section. He said passing budget cuts along to front-lines functions and not staff functions is inappropriate. He moved that if the Agency gets a budget reduction of $3,700, that the reduction comes out of the chargebacks to other departments. Motion seconded by Member Smith. In the discussion, Member Doyle felt departments such as those that receive chargebacks do not have any accountability, and don't have to go to the public. He noted we have new board members. He prefers that the Agency makes sure it maintains a travel budget. He fears it will get cut if we don't do something about it. Board must be able to attend hearings, as well as the hearing examiner. We also need have money available to send Board members to training programs. He believes the $3,700 is needed, and payments for chargebacks would be at the bottom of his list of priorities. Chair Isaacs asked what part of the budget would be cut if the Agency D:\TICKLER\laborr\041102MIN.doc Page 2
takes the $3,700 cut. Mark pointed the Board members to the impact statement the Agency wrote. He stated that the non-personnel part of the budget is "cut to the bone." Mark believes that the only area left to cut is now to reduce the administrative clerk s hours. He said it is frustrating not having the board members attend hearings; he prefers they attend in person. He also noted that one hearing was delayed into FY 2003 due to lack of travel funds to send a panel to Juneau for three days. Regarding training, Mark said the Agency previously had money earmarked in the budget to send a board member to the ALRA Academy and Conference. However, it was cut from the budget in FY 2002. Member Doyle said that new Board members should attend this training. He attended the ALRA Academy and Conference and benefited from it. He feels it is a valuable program. Member Doyle said he has a major problem cutting the Administrative Clerk's hours or reducing the travel budget any further. Member Smith said there is nothing worse than having to listen to the hearing tapes. The tapes are not as useful and do not have the same impact as sitting across the table from the parties and witnesses in person. Mark added that he also finds having the Board members present because they ask good, relevant questions at hearings. It is much more time-consuming for the volunteer board members to have to listen to the tapes than it is to sit in person at a hearing. Mark pointed out that the travel budget has been reduced from over $29,000 to $13,000 in part because the Agency needed to transfer money to pay for unfunded increases to the personal services section of the budget. Chair Isaacs asserted that keeping a good budget is important because this Agency does protect the State as far as labor relations issues are concerned. Chair Isaacs said the Board needs to discuss the budget with legislators. Chair Isaacs asked whom board members could call to ask for budget support. Mark explained the committee process and the composition of the conference committee. Members of the committee have not been appointed. The Board members asked staff to contact them when committee members are named. Member Doyle said small departments like ALRA are hurt by the vacancy factor because they often do not have turnover, and they must take money from travel or other areas to pay for the vacancy factor. It is a mechanism for the State to capture money out of personal services. He objects to this concept for a small agency such as ALRA, which he feels is well run. He believes money should be available for business travel for Board members, who volunteer their time to perform the Board's functions and duties. He wants the Agency to be on the record that travel should not be cut further, and the administrative clerk's hours should not be cut. Mark said agency staff did not attend the ALRA conference for the first time in agency history because of budget concerns, and Mark did not travel to Juneau during this past fiscal year for the same reason. D:\TICKLER\laborr\041102MIN.doc Page 3
Member Doyle reiterated his motion: if there is a $3,700 budget cut, that the cut come out of line 300, and not out of travel or personal services. Member Smith called for the question. Motion carried unanimously. Member Doyle said the motion should go to the Commissioner in the form of a resolution. Member Doyle asked when the ALRA Academy occurred. Mark said it occurs in July, early in the next fiscal year. It is not possible to pay for plane tickets with the current fiscal year's money. Although Mark was appointed to the Program Committee for the international Association of Labor Relations Agencies, there were no present plans to attend due to budget concerns. Mark is considering requesting approval to attend the conference with the offer to pay 1/2 the expenses, or some similar arrangement. Mark was hoping to send three people because the conference is on the West Coast. He reiterated the value of the Academy, even for people who have been in labor relations for a long time. One of the presenters at the Academy is John Higgins, one of the authors of The Developing Labor Law books. Member Smith pointed out that five of the six current members have not attended the Academy. Member Brickley suggested a possible resolution or statement that the Board members and staff need to attend the Academy and Conference this year. Member Doyle found the Academy and Conference very valuable. He would support a motion that ALRA should send Mark and the Chair Isaacs to the ALRA conference this year. Member Brickley asked if funds for attendance at the conference were earmarked for the next fiscal year. Mark said they were not specifically earmarked, but based on the Board's discussion, he feels a request for an increase would be appropriate. Member Doyle asked that Mark get more aggressive in seeking more funds for the Agency's budget. They may tell us "no", but at least they can't say we didn't ask. He would rather ask and get turned down, than not ask at all. Member Doyle moved for a resolution that Member Doyle and Chair Isaacs be funded to attend the July ALRA Conference. Member Smith noted that the Agency has not asked for monies unless it needs it. They should not take such a request with a dim view. It's just minimal. Member Doyle said when volunteers are appointed as board members on an agency such as ALRA, training is a tool. You don't expect someone to go out on a job without the tools necessary to accomplish the job. The State owes it to agencies to train them. People need a tool of information and knowledge to make good decisions. At ALRA, discussing labor relations issues with other agencies across the nation works. Member Doyle concluded that the State has an obligation to give the tools to this Board to be a good Board. Mark pointed out that he periodically emails or otherwise corresponds with other ALRA agencies to research how they handle specific labor relations issues. He has found the $250 membership in the organization well worth it. Member Dave Rasley said the Chair should sign the resolution on behalf of the D:\TICKLER\laborr\041102MIN.doc Page 4
whole board. Mark also noted that DOL's Deputy Commissioner, Rebecca Gamez, is his immediate supervisor, and she has been generous in approving travel requests but puts the responsibility on Mark to make sure the travel budget balances out at the end of the year. Member Doyle called for the question. Motion carried unanimously. 4. New business: (Chair Aaron Isaacs, Jr. / Mark Torgerson) a. Board member update. The Board and staff welcomed new member Dave Rasley, who is the recently appointed public member to the Board. New labor member Roberta Demoski was unable to attend today's meeting. Mark reminded appointees and reappointees that confirmation hearings are scheduled for this afternoon (April 11) with the Senate State Affairs Committee. Mark will accompany the Board members to the hearings. Member Brickley expressed his appreciation to the staff for getting information to Board members prior to the scheduled meeting, including the annual report, so he can be prepared to discuss the issues. He finds the information, especially the Annual Report, clearly written, and it is useful. b. Regulation amendments readoption discussion. Mark summarized what has happened in the regulation amendment process. The Department of Law has reviewed the regulations, made some changes, including formatting, and change specific words. Deborah Behr, the Department of Law's regulations attorney, said there was no need to send the regulations out for further comment. The changes are procedural in nature. Behr said the regulations just need to be readopted. Mark recommended that the Board readopt the regulations with the changes. The Board discussed and moved to readopt the regulations, as changed by the Department of Law. Member Smith read the motion to readopt the regulations. Motion was seconded by Member Doyle, and the motion carried unanimously. c. Annual Report. Mark said that the Agency needed a Board resolution to approve the Annual Report, unless there are recommendations for change. Member Brickley moved to approve a resolution approving the Annual Report. Member Rasley seconded the motion. The motion carried unanimously. Board members will sign the resolution. d. Other. Mark updated the Board members on recent changes to the website. Member Brickley asked who oversees changes to the Agency's website. It is a full time webmaster in Juneau. Member Brickley stressed the importance of D:\TICKLER\laborr\041102MIN.doc Page 5
making sure forms and other agency information are accurate when they are put onto the web. There needs to be a good system of checks and balances. Staff asked the Board if they would like to schedule a date for the fall business meetings. Staff and the Board discussed scheduling of hearings. Member Brickley said it is always more efficient to schedule hearings and the Board meeting during the same week. Board members agreed to set the Board meeting for September 20 th, with the 18 th and 19 th reserved for hearings. The Board further discussed scheduling. Member Smith said that sometimes the parties take advantage of the Agency staff's accommodation to the parties. He believes the staff should schedule the hearing a couple of months in advance and just set the hearing date. 5. Public Comment: There was no public attendance at the meeting. 6. Adjournment: The meeting then adjourned at 11:15 a.m., and the Board met in executive session for deliberation of cases. D:\TICKLER\laborr\041102MIN.doc Page 6