Alaska labor agency proposes repealing union nonassociation rules, comments due Sept. 18

Public employees who claim a religious exemption from joining or paying a union could lose the state process they now use to do so. The Alaska Labor Relations Agency proposed Monday to repeal three regulations governing the right of nonassociation, and to repeal mandatory labor organization fees. Written comments are due by 5 p.m. on Sept. 18. People who need a disability accommodation to take part in the comment process must request it by Aug. 16.

The rules at issue sit in Article 4 of the agency's collective bargaining chapter. Under the current regulations, an employee files a claim of nonassociation with the agency and serves it on the union and the employer. A union or employee association may object and request a hearing within 30 days of service. The article also includes a religious exemption that can substitute contributions to designated charitable organizations for dues or assessments. Repeal would remove that filing and hearing path from regulation.

The same package would change how paperwork reaches the agency. It would eliminate the requirement that hard copies of documents be filed, allow electronic filing of interest cards in certification and decertification petitions, clarify that interest cards are confidential from the employer, and remove the notary requirement on unfair labor practice complaints. The notice says the proposed changes are not expected to require an increased appropriation.

The proposal is not a final repeal. The agency says the language of the final regulation may differ from what it proposed. It may also adopt other provisions on the same subject without further notice, or take no action at all after reviewing comments.

The agency's notice states what it proposes to repeal. It does not explain why, and it includes no stakeholder comments either supporting or opposing the changes.

Alaska public sector unions have argued in other proceedings that the membership question is already settled by employee choice. In a brief filed with the U.S. Supreme Court in the state's union dues dispute, the Alaska State Employees Association said, "Union membership in Alaska is voluntary," and said the state deducts dues only after an employee signs an authorization.

The agency administers the Public Employment Relations Act for the state, municipalities, boroughs, the University of Alaska, and school districts. Its rules cover certification elections and unfair labor practice charges.

Comments may be mailed to the agency at 3301 Eagle St., Suite 206, Anchorage, sent by fax to 907-269-4898, emailed to [email protected], or filed through the Alaska Online Public Notice System. Comments become public records. Written questions must arrive at least 10 days before the comment period closes.