June 26, 2008
Union jackpot
In an end-of-session sweetheart deal, the Legislature gave public employee unions a gift that keeps on giving. By making the agency shop fee permanent, lawmakers assure unions a steady flow of revenue for years to come.
The Democratic-lead Assembly passed the measure six times between 2000 and 2005, but only to see it die in the Senate. The Assembly approved it again earlier this month by a 140-5 vote.
With Republicans anxious about losing the Senate majority in November,the Senate has taken new interest in the bill, passing it Tuesday 62-0.
Currently, public sector unions can collect agency shop fees from non-members, which are deducted from their paychecks. The Legislature granted the right to the state worker unions in 1977 and local government unions in 1992. However, the measure was not permanent. It must be renewed every two years.
The argument for the agency shop fee is that the unions are obligated to represent nonmembers in collective bargaining and disciplinary hearings. Public employees whose jobs are covered by a collective bargaining agreement must pay either union dues or agency shop fees.
Unprepared for the Senate vote, local government associations argue the agency shop fee should be a subject of collective bargaining.
The New York State School Boards Association, in an opposition memo to a two-year extender, argues:
By mandating agency shop, the Legislature is denying school districts an important bargaining tool. This legislation grants employee unions one of their primary bargaining goals without requiring that they negotiate for it. Collective bargaining only works well when both parties know that the negotiating table is the only place where they can achieve their goals. By continuing mandated agency shop fees, the Legislature continues to subvert that process.
The bill goes to Governor David Paterson for his signature or veto.
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