HD12 - Report of the Commission to Study the Rights of Public Employees
Executive Summary: In recent years throughout Virginia activity has grown concerning public employee working conditions. At the Capitol this activity has taken the form of numerous legislative proposals to provide for labor procedures similar to those found in the private sector. It was realized that the implementation of such procedures would constitute radical departure from public labor relations as they have previously existed in the Commonwealth. It was further realized that in depth examination of public employee matters would be desirable before action should be taken on an issue so vital to the interests of all of the people of Virginia as well as her public employees. As a consequence of these several considerations the General Assembly during its 1972 session approved House Joint Resolution No. 122. Pursuant to the terms of the study directive the Governor appointed to serve on the Commission Julian F. Carper of Richmond, George R. Long of Charlottesville, Francis V. Lowden, Jr. of Richmond, Frank W. McCulloch of Charlottesville and J. David Shobe, Jr. of Richmond. The Speaker of the House of Delegates appointed Delegates Claude W. Anderson of Andersonville, Duncan C. Gibb of Front Royal, George H. Heilig, Jr. of Norfolk, James M. Thomson of Alexandria and Benjamin H. Woodbridge, Jr. of Fredericksburg. The Committee on Privileges and Elections of the Senate appointed Senators Coleman B. Yeatts of Chatham and William F. Parkerson, Jr. of Henrico. Mr. Thomson was elected to be the Commission's Chairman and Senator Parkerson its Vice Chairman. The Virginia Advisory Legislative Council and the Division of Statutory Research and Drafting made staff and facilities available to carry out this study; Laurens Sartoris and Constance D. Sprouse being assigned to assist the members of the study group. From the outset the Commission was aware that the problems before it were complex in nature and that the advice of interested parties and disinterested experts should be sought. It became standard Commission practice to solicit the views of any person who wished to make his feelings known on any phase of the Commission's charge. The response from the public was vigorous and productive of much meaningful dialogue leading to the conclusions reached in this report. Arguments for almost every conceivable approach to the public labor-management relations question were heard from those favoring the perpetuation of the status quo to implementation of full scale collective bargaining on all levels. One hearing was devoted to direct reaction to a "meet and confer" proposal in order to ascertain from all sides the views of those who would be affected by any such change in the law. Experts from other states which require labor negotiations between public employees and their employing units were invited to address the Commission. We heard from the following witnesses: (1) Abe Belsky, Executive Director, Pennsylvania Labor Relations Board; (2) Robert G. Howlett, Chairman, Employment Relations Commission, Michigan; (3) Fleming James, Jr., Chairman, Connecticut Board of Labor Relations; (4) Raymond L. Scheib, Chairman, Pennsylvania Labor Relations Board; (5) Morris Slavney, Chairman, Wisconsin Employment Relations Commission; (6) James F. Wildeman, Assistant Attorney General, Pennsylvania Labor Relations Board. The experiences of public employees in their states were learned to an extent not otherwise feasible. We wish to express our sincere appreciation for the time and effort which they expended on behalf of the Commission and for the knowledge they imparted to its members. The Commission was also privileged to participate with the members of the Virginia State Bar and Virginia Bar Association in a two-day seminar sponsored by the Bar for its members which dealt with matters before the Commission. At this seminar the current state of the law was reviewed and experts apprised the participants of matters relating "to federal law and the laws elsewhere, in addition to other practical considerations. No amount of explanation here is sufficient to describe the incredible volume of printed matter received from all sources on the public labor question. We have reviewed the laws of Virginia and other states, various articles, news clippings, statements, sample legislation, opinions of the Attorney General, letters and anything else on paper that came before us. The considerable complexity of public employee rights is understood by virtue of this vast supply of information which make it apparent that no easy solutions are available. After lengthy hearings and the receipt of voluminous testimony, both oral and documentary, it is fair to summarize that the Commission unanimously concludes: (1) that the public employees of Virginia both State and local, should enjoy fair and equitable wages, hours and other working conditions; (2) that public employees in this Commonwealth and its political subdivisions should not be permitted to strike; and (3) that each public employee in this Commonwealth should enjoy the same rights and equal treatment as every other public employee in whatever capacity, and by whatever governing body employed. It is upon these three basic conclusions that we ultimately ground our recommendations. |
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