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Bill would forbid state health workers from striking
by Tom Scheck, Minnesota Public Radio
April 16, 2003

Unionized state employees rallied at the Capitol this week, as negotiations for a new contract get underway with the Pawlenty administration. (MPR Photo/Tom Scheck)

A provision in the House Health and Human Services budget bill would forbid 3,000 state workers from striking. The provision would declare workers at regional treatment centers, group homes and other state-run health facilities essential employees. The state already forbids several categories of state employees from walking off the job, most notably law enforcement and corrections officers.

St. Paul, Minn. — The provision was added to the 600-page health and human services finance bill that passed out of committee this week. The author, Rep. Tim Wilkin, R-Eagan, says he wants to designate the state's nonprofessional health staff as essential employees. He says he's concerned that a state workers' strike could put some of the state's most vulnerable people at risk.

"This isn't just about union vs. management. This about the people who are being served," says Wilkin. "These are disabled people, these are basically elderly, infirmed ... people who can't be sent home."

Others say Wilkin's amendment is an attempt to undermine the state's employee unions. Rep. Keith Ellison, DFL-Minneapolis, told a union rally this week the bill's supporters are trying to handcuff the union.

	State workers went on strike in 2001

"They're trying to pass a bill to make workers essential. This is not good for workers. This is not valuing you -- saying you're essential. They're saying you can't strike," says Ellison.

Others say the Pawlenty administration and House Republicans timed this legislation to coincide with a new round of contract negotiations between the state and its workers, which is set to begin shortly.

Scott Griffey represents the American Federation of State, County and Municipal Employees, which represents more than 50,000 state workers. He says the bill would make it difficult for the union to negotiate a fair wage and benefit package with the state.

"That is at least bad timing, to try to make a large block of our employees essential when they're trying to negotiate a contract," says Griffey.

Supporters say state workers would have the ability to negotiate a fair contract with the state. They just wouldn't be allowed to strike.

This isn't just about union vs. management. This about the people who are being served. These are disabled people, elderly, infirmed ... people who can't be sent home. - Rep. Tim Wilkin, R-Eagan, author of the provision

Republican House Speaker Steve Sviggum say he's concerned that a state workers' strike could leave the state scrambling to help the state's most vulnerable. The National Guard was called in to help when state workers walked off the job two years ago. The strike lasted two weeks.

"Those are services that really need to be there, they should be there, under any circumstances. I don't know much about the issue other than the fact that those services should be provided to those vulnerable individuals," says Sviggum.

Several DFL lawmakers say House Republicans are trying to break the union. House Minority Leader Matt Entenza says the essential work provision and proposals to freeze state worker salaries, combined with attempts to privatize certain state services, are an attack on labor.

"The Republicans are not only pushing a social agenda, but they're pushing an agenda to organized labor -- making it impossible to have the rights that they ought to have as a member of a union. I think that's going to come back to haunt them."

Rep. Wilkin, the Republican who authored the amendment, says workers may actually be happy with the process. He says other essential state workers have received higher benefits and wages as a result of the arbitration process.

Cal Ludeman, commissioner of the Department of Employee Relations, says while the state relied on the National Guard during the last strike two years ago, the war with Iraq has forced the adminstration to rethink its options.

"Many of our National Guard men and women are deployed overseas, and may not be in back in this state in time if a strike might happen. We cannot leave ourselves with an inability to do what we have to do -- in other words, essential duties," says Ludeman.

Ludeman says the state negotiates in good faith with all essential employees. He says he would prefer to reach agreement with essential employees instead of leaving the decision to an outside arbitrator.

The bill now moves onto the House Ways and Means Committee.

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