State, Federal Mediator and IBU Hold Weekend Contract NegotiationsStill no deal to end of strike and restart the Alaska Marine Highway SystemBy MARY KAUFFMAN July 29, 2019
Alaska Marine Highway System operations remain suspended, following the IBU’s decision to walk off ships during peak summer travel which the Depatment of Administration says is costing the State over $200,000 a day in lost revenue. “Unfortunately, the IBU’s out of state negotiators don’t understand Alaska law and are currently making the situation worse by misleading Alaskan employees,” said Department of Administration Commissioner Kelly Tshibaka. “Repeatedly, they’ve sent wage offers that are not legally permissible. The law is the law, and it can’t be broken.” Over the weekend, the State of Alaska offered four package proposals that agreed to many of the IBU’s demands, however, the Dept. of Administration says IBU has insisted on maintaining legally impermissible provisions. The State also proposed IBU employees contribute to their health care plan, but IBU said only if the State provided a “bonus” that covered the cost of those premiums and paid members more than $700,000 extra. “While we were encouraged the IBU finally returned to the negotiating table with the Federal Mediator, this strike and the harm it’s inflicting remains a significant concern to the State, Marine Highway System employees, their families, and the entire coastal region,” said Department of Transportation & Public Facilities Commissioner John MacKinnon. Commissioner Tshibaka also expressed disappointment with a letter the State received shortly before the first mediation meeting from an out-of-state law firm representing the IBU that misstated the facts and the law surrounding the strike. According to the Commissioner the letter was released to the media just as mediation was scheduled to begin. (Read the full letter pdf) The 07/26/19 letter titled Cease and Desist Notice Regarding AMHS’s Unlawful Coercion of IBU Bargaining Unit was written by Dmitri Iglitzin the General Counsel for the Inlandboatmen’s Union of the Pacific of the law firm Barnard, Iglitzin & Lavitt LLP based in Seattle, Washington. Iglitzin's letter asserts that "economic strikes by public employees are fully lawful under Alaska law. Under Alaska Statutes Section 23.40.200(d), public employees who do not fall within certain specialized categories, such as police and fire protection, public utility, snow removal, sanitation and education employees, 'may engage in a strike if a majority of the employees in a collective bargaining unit vote by secret ballot to do so'. There are no preconditions or procedural requirements that limit this right. As you are also aware, not just a majority, but an overwhelming majority of the employees represented by the IBU did vote by secret ballot to strike. Thus, the current strike is lawful." Also the letter said, "You [DOA Commissioner Tshibaka] also assert that employees could be disciplined for engaging in such a strike. Given that this is clearly untrue, your statement is nothing more nor less than an illegal threat intended to coerce IBU- represented employees into not exercising their legal rights." (Read the full letter pdf) Iglitzin writes, "The bottom line, much though you [Commissioner Tshibaka] dislike the fact, is that Alaska law gives public employees such as those represented by the IBU an absolute and unlimited right to strike and our members cannot lawfully be retaliated against in any way for exercising that right. They cannot be terminated, suspended, or disciplined in any way; nor can they be interrogated as to whether or not they are choosing to strike on dates that they were not otherwise scheduled to work (I am referring to workers who are not currently “fit for duty,” who have been subjected to such interrogation). Nor, crucially, can they lawfully be threatened with any of those things, which is what you have repeatedly done." "You [Commissioner Tshibaka] also assert that employees could be disciplined for engaging in such a strike. Given that this is clearly untrue, your statement is nothing more nor less than an illegal threat intended to coerce IBU- represented employees into not exercising their legal rights," writes Iglitzin. While negotiations were ongoing this weekend, Iglitzin's writes, " ....this egregious misconduct by AMHS must end immediately. The IBU has repeatedly offered to recommence mediation with the State. Instead of informing the federal mediator of your willingness to do so, you have represented to the federal mediator that there is no point because your position will not change. That intransigence serves no one’s interest. Until it ends, the strike will continue, notwithstanding the State’s increasingly desperate and illegal conduct as described above. “Let’s call it what it is: an intentionally misleading press release dressed up like a letter to misinform IBU members and the public about the truth,” said Commissioner Tshibaka. “The strike is unlawful because it is based on demands that are illegal under Alaska law. The IBU was made aware that its demands were prohibited by law even before the strike began. Unfortunately, the IBU refused to change all of its unlawful demands before going on strike, ignoring both the law and the significant damage a strike would do to our coastal region’s economy,” said Commissioner Tshibaka. The State wrote letters to the IBU after it declared the strike, notifying it of at least two laws violated by its demands, and that insisting upon such demands through a strike would make the strike unlawful. Among other reasons, the State notified IBU that its demands violated:
“After receiving the State’s letters explaining why the declared strike was illegal, the IBU sought to fix the strike’s illegality by changing its unlawful demands after-the-fact,” said Commissioner Tshibaka. Tshibaka said, “But that did not erase the illegal basis for striking in the first place, as there was no lawful impasse, or taking a strike vote in support of unlawful contract proposals. The IBU is legally obligated to end the strike so our employees can return to work and we can negotiate a contract that treats all sides fairly and in accordance with both State and Federal law.” According to the Alaska Dept. of Administration, on July 18, 2019, the State requested the IBU resolve their differences through mediation rather than a strike. While waiting for the IBU’s response on what day and time would work for mediation, on July 23, IBU presented the State with an ultimatum to accept all demands in its offer, including at least two illegal ones, or it would go on strike. On July 24, the State of Alaska requested a Federal Mediator’s assistance to resolve the outstanding issues with the IBU and bring an end to the strike. On the afternoon of July 26, the IBU told the Federal Mediator it was finally ready to resume negotiations, and the State immediately scheduled a mediation for the following day, according to the Dept. of Administration. SitNews has reached out to Robb Arnold an IBU spokesperson based in Juneau through email several times. He has not responded to requests for further comments or updates. Comments will be published if received. SitNews did speak briefly to a Ketchikan spokesperson; however, due to a busy schedule, the spokesperson will not be available until tomorrow for an interview or comments. She said she will be able to speak on behalf of the union.
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