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“Collective Bargaining Day at The
Legislature”
HB 1583 Restore Contract
Rights to State/Local. Sponsored by PBA endorsed Representative Dan Blue
of Wake County.
On Wednesday, June 11, 2008, public employees from across the state
converged at the Legislature in Raleigh to support “Collective
Bargaining Day” for public employees.
Promoted as a bill that provides collective bargaining for public
employees HB 1583 actually does not do that. Rather, the bill simply
repeals NCGS 95-98 which unconstitutionally prohibits public employees
from engaging in collective bargaining if they and their employer choose
to do so.
First established into law in 1959, GS 95-98 resulted from actions by
the Teamsters in Charlotte, North Carolina in December of 1958.
Motivated by rhetoric from then Teamster Boss Jimmy Hoffa that he would
lead more than 10 million public workers, including police officers and
firefighters, to control public services, the Charlotte City Council
passed a resolution opposing any organization of public employees by the
Teamsters, especially police officers.
Ironically, prior to this action, public employee unions in North
Carolina towns, including Charlotte, had been in existence for several
years.
Hoffa withdrew his efforts to organize the police but, by now this new
anti-union sentiment against police officers joining unions had spilled
over to all local government employees.
This led the Charlotte City Council to issue an official ban on any
police officer from joining a labor union or face termination. This
included officers who were already members of other unions not
associated with the Teamsters.
Ultimately, then North Carolina Attorney General Malcom Seawell
supported the prohibition of police officers from joining unions and in
a formal opinion misapplied the “right-to-work” law which actually
protected a worker’s right to join or not join a union. In May of 1959,
House Bill 118 was introduced and passed into law in June of that year.
The new law prohibited police officers and fire fighters from joining
unions and all public employees from engaging in collective bargaining
with any unit of state or local government.
A series of legal challenges including Adkins v City of Charlotte, 296
F. Supp. 1068 (W.D.N.C. 1969) and Hickory Firefighters v. City of
Hickory, 656 F. 2d 917 (4th Cir. 1981) struck down most of this law as
unconstitutional. What remains is also unconstitutional which is why the
repeal of what is left in GS. 95-98 is simply the right thing to do.
But, does HB 1583 create collective bargaining or provide due process
for officers or other public employees? No. HB 1583 does, however, in
addition to repealing GS 95-98 removes existing language that prohibits
payroll deduction of membership dues of state organizations that support
collective bargaining and includes language that provides funds and
proposals for a negotiation process for state employees through the
State Personnel Office.
HB 1583 has bipartisan support and is also sponsored by PBA endorsed
representative Goforth, Fisher, T. Harrell, Martin, and Rapp.
SB 1271 Firefighter, EMS, Law Enforcement
payroll deductions, sponsored by Senator Snow.
As previously reported, SB 1721 is in the House Local Government II
committee. We are told that the bill which originally provided for
payroll deduction of membership dues for members of the Professional
Firefighters and Paramedics of North Carolina, the FOP and PBA will be
likely be heard in committee next week. The Teamsters, we are told, have
committed to fixing the problem that arose when they were added to the
bill.
We will keep you posted
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