Senate mulls collective bargaining for state workers

Among 28 states without ‘right to work’ law, W.Va. one of two without system

By Tom Breen

CHARLESTON — Thousands of public employees would be newly eligible to join collective bargaining agreements under a bill introduced Tuesday in the West Virginia Senate.

Advocates say the proposal would address a long-standing paradox in the state, where government has often been heavily Democratic and friendly to unions in the private sector while refusing to bargain with unions representing state workers.

“I’ve benefited from collective bargaining for 40 years as a member of the United Steelworkers, so I know there are real advantages to this process,” said Sen. Jack Yost, D-Brooke, one of the bill’s sponsors.

And while collective bargaining for state employees has long been a desire of public workers unions and their allies in the Legislature, this year they’re hoping the momentum is on their side, courtesy of a governor open to the idea.

“The governor has always been interested in a system that promotes the best practices in government,” said Matt Turner, spokesman for Gov. Joe Manchin. “If this will accomplish that, he’s willing to consider it.”

However, Turner said, Manchin has not made a decision to support or oppose the measure yet, only to hear out its proponents and foes.

Opposition to public sector collective bargaining has kept the state in rarefied company. West Virginia is one of 28 states without some version of “right to work” laws, which are often an impediment to labor organization.

Of those 28 states, only two — West Virginia and Colorado — don’t allow collective bargaining among state employees, according to state AFL-CIO Secretary-Treasurer Larry Matheney.

While state employees can join unions, the state does not recognize the unions as employees’ representatives for determining financial and health benefits, as it would under a collective bargaining system.

The advantage is in resolving inequities in pay and benefits, advocates say, but also in achieving greater efficiency.

“There’s plenty of evidence to show this will not only benefit state employees, but state taxpayers as well,” Matheney said.

To succeed, the bill will have to address the concerns of lawmakers who worry about its possible impact on future budgets and government operations.

“Generally speaking, collective bargaining for state employees is not something I’ve been in favor of,” said Senate Minority Leader Don Caruth, R-Mercer, although he said he’d have to study the current measure more before making a decision.

One of Caruth’s main requirements is a clause forbidding labor unions that engage in collective bargaining from going on strike, which the current bill contains.

It also would not apply to teachers, Yost said, and would require legislative approval for decisions reached in the bargaining process.

Backers of the bill in the Legislature hope that such elements will improve its chances.

House Majority Whip Mike Caputo, D-Marion and a United Mine Workers union official, has championed the issue for years. He’s co-sponsored bills both for state employees and school workers in the current session, though neither has advanced from its initial committee.

“It’s hopeful that the Senate will move first on this,” he said Tuesday. “The labor folks have been working this on the Senate side.”

West Virginia’s law could also ensure bargaining does not interfere with the mandate of a balanced state budget, as in other states, Caputo said.

“I just hope that we can find some agreement and move in this direction,” Caputo said. “A lot things that we do in code can be blended into a collective bargaining agreement, and public employees can have a voice at the table.”

— Associated Press writer Lawrence Messina contributed to this report.