- Mar 17, 2010
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Since we have a couple threads talking about it, and a whole state protesting it, I figured it would be beneficial to actually break it down to see what effect the legislation has.
http://legis.wisconsin.gov/JR1SB-11.pdf
The Bill deals with a few topics: State Finances, Collective Bargaining for Public Employees, Compensation and Fringe Benefits for Public Employees, Medical Assistance Program, and a couple other administrative state issues.
The Bill has an introductory summary of what is being enacted, followed by the actual legal text.
Here's a summary, with some excerpts from the Collective Bargaining section of the summary, since that is in focus:
So it limits collective bargaining to wages, and limits wage increases to the rate of inflation. Nothing about pay cuts.
The next section:
This section basically says, that each year the employees under a union must hold a vote to determine if they want to be represented by a union. If less than 51% of the employees want to be represented by a union, they will not be represented for that year. This is as opposed to the current system, where a percentage of the employees must start a petition to have an election.
Seems like a good idea to me. It gives each union group the ability to decide whether or not they want to be represented by a union, rather than being forced into it. Seems like it would make the unions more accountable to the employees.
If I am reading this correctly, it looks like it means that any contracts reached are up for negotiation each year, instead of every 2 years, and must be renegotiated instead of simply being extended. Obviously gives the State the ability to readjust to the changing economy, and may also do the same for the employees.
This is interesting... it prohibits paycheck deductions for union dues, but also allows employees to refrain from paying dues while remaining in the union. Seems like a great idea to me. Union dues are one of the biggest scams, IMO, so this seems like a good idea.
The next section deals with retirement:
Looks like it requires that employees contribute at least 50% of their required contributions. As explained further, as it is now, the employer must pay their required contribution under law, and has the option of paying any portion of the employee's contribution. The new law prohibits the employer from pay any portion of the employee's contribution, in cities or counties having more than 500,000 people in them. Makes sense... the employee contribution should be paid by the employee, not the employer.
This lowers the retirement payment multiplier for elected officials and executives to be the same as general employees. Can't see how anybody would object to this.
The bill also sets a lower limit for employment duration to meet retirement program eligibility.
The following section addresses public sector group insurance:
As it is now, the employer pays a minimum of 80% of insurance premiums, with the remaining 20% subject to collective bargaining. The new law limits the upper limit to 88%.
The bill goes on to lay out premium rates for the 3 different tiers of insurance offered.
In addition:
So they set up a bunch of studies to try and lower costs in the future, reduce premiums, and establish funds to alleviate budget problems. Seems like this is all win-win, for the most part.
The remainder of the bill addresses state finance issues, and a couple other issues. I can go on further with those, but this is the part that is contentious.
Reading through the actual legal text, I don't see anything regarding pay cuts, benefit cuts, etc., anything that is being protested.
Seems to me that the union (which organized these protests), is spreading FUD about the actual bill, since it will limit the *union's* power, and using teachers and clueless children to protest for their own benefit.
http://legis.wisconsin.gov/JR1SB-11.pdf
The Bill deals with a few topics: State Finances, Collective Bargaining for Public Employees, Compensation and Fringe Benefits for Public Employees, Medical Assistance Program, and a couple other administrative state issues.
The Bill has an introductory summary of what is being enacted, followed by the actual legal text.
Here's a summary, with some excerpts from the Collective Bargaining section of the summary, since that is in focus:
This bill limits the right to collectively bargain for all employees who are not public safety employees (general employees) to the subject of
base wages. In addition, unless a referendum authorizes a greater increase, any general employee who is part of a collective bargaining unit is limited to bargaining over a percentage of total base wages increase that is no greater than the percentage change in the consumer price index.
So it limits collective bargaining to wages, and limits wage increases to the rate of inflation. Nothing about pay cuts.
The next section:
Under SELRA and MERA, a collective bargaining unit elects a labor
organization as its representative once a majority of the employees in that collective bargaining unit who are actually voting votes for that labor organization; that labor organization remains the representative unless a percentage of members of the collective bargaining unit supports a petition for a new election and subsequently
votes to decertify the representative. This bill requires an annual certification election of the labor organization that represents each collective bargaining unit containing general employees. If, at the election, less than 51 percent of the actual employees in the collective bargaining unit vote for a representative, then, at the expiration of the current collective bargaining agreement, the current representative is decertified and the members of the collective bargaining unit are
nonrepresented and may not be represented for one year.
This section basically says, that each year the employees under a union must hold a vote to determine if they want to be represented by a union. If less than 51% of the employees want to be represented by a union, they will not be represented for that year. This is as opposed to the current system, where a percentage of the employees must start a petition to have an election.
Seems like a good idea to me. It gives each union group the ability to decide whether or not they want to be represented by a union, rather than being forced into it. Seems like it would make the unions more accountable to the employees.
Currently, except for an initial collective bargaining agreement, the terms of collective bargaining agreements are generally two years for state and municipal employees, and current law does not prohibit collective bargaining agreements from being extended. This bill limits the term for general employees to one year and prohibits the extension of collective bargaining agreements.
If I am reading this correctly, it looks like it means that any contracts reached are up for negotiation each year, instead of every 2 years, and must be renegotiated instead of simply being extended. Obviously gives the State the ability to readjust to the changing economy, and may also do the same for the employees.
Current law provides that state and municipal employees who are represented by a labor organization have the organization dues deducted from their salaries. Except for salary deductions for public safety employees, this bill prohibits the salary deductions for labor organization dues. This bill also allows a general employee to
refrain from paying dues and remain a member of a collective bargaining unit.
This is interesting... it prohibits paycheck deductions for union dues, but also allows employees to refrain from paying dues while remaining in the union. Seems like a great idea to me. Union dues are one of the biggest scams, IMO, so this seems like a good idea.
The next section deals with retirement:
This bill provides that the employee required contribution rate for general participating employees and for elected and executive participating employees must equal one−half of all actuarially required contributions, as determined by the Employee Trust Funds Board.
Looks like it requires that employees contribute at least 50% of their required contributions. As explained further, as it is now, the employer must pay their required contribution under law, and has the option of paying any portion of the employee's contribution. The new law prohibits the employer from pay any portion of the employee's contribution, in cities or counties having more than 500,000 people in them. Makes sense... the employee contribution should be paid by the employee, not the employer.
This bill decreases the multiplier for elected officials and executive participating employees from 2 percent to 1.6 percent for creditable service that is performed on or after the bills effective date.
This lowers the retirement payment multiplier for elected officials and executives to be the same as general employees. Can't see how anybody would object to this.
The bill also sets a lower limit for employment duration to meet retirement program eligibility.
The following section addresses public sector group insurance:
Currently, state employees, as well as employees of public authorities created by the state, receive health care coverage under plans offered by GIB, which plans are assigned to one of three tiers depending on the employees premium costs. The employer share of premium costs for employees who work more than 1,565 hours a year is an amount not less than 80 percent of the average premium costs under the
various health care coverage plans. The amount for represented employees is subject to collective bargaining and the amount for nonrepresented employees is established in various compensation plans.
This bill provides that the employer may not pay more than 88 percent of the average premium cost of plans offered in the tier with the lowest employee premium cost.
As it is now, the employer pays a minimum of 80% of insurance premiums, with the remaining 20% subject to collective bargaining. The new law limits the upper limit to 88%.
The bill goes on to lay out premium rates for the 3 different tiers of insurance offered.
In addition:
This bill requires GIB to design health care coverage plans for the 2012
calendar year that, after adjusting for any inflationary increase in health benefit costs, reduces the average premium cost of plans offered in the tier with the lowestemployee premium cost by at least 5 percent from the cost of such plans offered during the 2011 calendar year. GIB must include copayments in the health care coverage plans for the 2012 calendar year and may require health risk assessments for state employees and participation in wellness or disease management programs.
This bill requires the secretary of employee trust funds to allocate $28,000,000, from reserve accounts established in the public employee trust fund for group health and pharmacy benefits for state employees, to reduce employer costs for providing group health insurance for state employees for the period beginning on July 1, 2011, and ending on December 31, 2011.
So they set up a bunch of studies to try and lower costs in the future, reduce premiums, and establish funds to alleviate budget problems. Seems like this is all win-win, for the most part.
The remainder of the bill addresses state finance issues, and a couple other issues. I can go on further with those, but this is the part that is contentious.
Reading through the actual legal text, I don't see anything regarding pay cuts, benefit cuts, etc., anything that is being protested.
Seems to me that the union (which organized these protests), is spreading FUD about the actual bill, since it will limit the *union's* power, and using teachers and clueless children to protest for their own benefit.