State Contracts Reach Expiration Dates, but Never End

Wednesday, April 28, 2004

Page 7

AFFAIRS OF STATE (Column)

State Contracts Reach Expiration Dates, but Never End

By DAVID KLINE

Gov. Arnold Schwarzenegger seems to have mastered the technique of using the initiative as a cattle prod to get the Legislature moving, as evidenced by his workers’ compensation overhaul.

Good thing, too, because there are other issues on which recalcitrant lawmakers are refusing to follow the governor’s battle cry of “action, action, action.”

A crystal clear example was provided last week when an Assembly committee killed Schwarzenegger’s proposal to make sure state labor contracts really expire when they reach their expiration dates.

Seems logical, no? It’s not exactly a radical notion to propose that an expired contract should not remain in effect.

But the Democrat-controlled Assembly Public Employees, Retirement and Social Security Committee voted 5-1 against the legislation, thus protecting the current law which lets employment contracts go on and on and on.

Under the existing law, when an employment contract (a “memorandum of understanding”) expires, it remains in effect until it is superceded by another agreement. And members of the unions covered by the expired MOUs continue paying union dues as if the agreements never expired.

This nonsensical law is part of the Ralph C. Dills Act, named for the late state senator who was one of the most liberal, pro-union lawmakers the state has ever seen. The law is supported, not surprisingly, by all of the state employee unions.

Schwarzenegger isn’t a supporter, because he is trying to dig the state out of the multibillion-dollar hole created by the Legislature and former Gov. Gray Davis. And this excavation is being hampered by lingering deals that Davis made with the unions.

Assemblyman Ray Haynes, the Republican who carried Schwarzenegger’s bill, notes the stupidity of the current situation:

“Due to the sweetheart deals with unions made by the ousted Davis, the unions now have no incentive to negotiate new contracts with the new government because they won’t get the same terms they were able to purchase from Davis, and taxpayers are stuck with the bill.”

Haynes says, “The Democrats have basically voted to say that even though Californians recalled Governor Davis and his pay-for-play attitude, they cannot get a refund on those deals.”

The California School Employees Association, arguing against Haynes’ AB 2575, said the bill would “allow management to unilaterally alter any contract provision upon the expiration of a contract …”

And the problem is? The “management”—people elected by taxpayers to oversee the state government—certainly should have the right to make changes if changes are needed. And what better time than after a contract expires?

Haynes, never at a loss for words, explains it best: “The people are the ones who are footing the bill and it is disheartening that the Democrats will not agree to the principal that when a contract expires—it expires.”

The defeat of such a common sense bill is just one more example of why voters may need to take matters into their own hands in November. It may be too late to put another initiative on the ballot, but there’s always time to replace obstinate incumbents with legislators who share the governor’s enthusiasm for improving the state’s economy.

The Davis recall showed that when voters get excited, anything is possible. If Schwarzenegger hits the campaign trail to stir support for deserving candidates, next year could be a time of action, action, action on the good ideas that are dying in the current Legislature.

— Capitol News Service