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Union seeks nonmember fees

O'Malley backs AFSCME bid to collect from every state worker it represents

General Assembly 2009

February 18, 2009|By Laura Smitherman , laura.smitherman@baltsun.com

The state's largest employees union wants permission to collect fees from workers who don't pay dues and who might belong to other unions, a plan that has the backing of pro-labor Gov. Martin O'Malley and awaits legislative approval.

Critics characterize the proposal as a money grab that would create a labor monopoly.

But leaders with the American Federation of State, County and Municipal Employees argued yesterday that the group is unfairly subsidizing employees who don't pay dues but who benefit from its work negotiating contracts with the state and providing representation for grievances.

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Under an O'Malley-backed bill discussed in Annapolis yesterday, the union would be able to negotiate a service fee as part of the contract that would be voted on by all employees subject to the agreement. All employees vote on contracts whether they are union members or not.

"At some point we can't be a charity," said Sue Esty, assistant director for AFSCME Maryland.

"We have to be able to do our job, and we have to have the resources to do it well."

The fees could more than double the union's annual income. Currently, the union collects about $3.8 million in dues from about 10,000 members a year. The legislation would apply to more than 30,000 state employees, most of whom are represented by AFSCME and would have to pay the service fee if they don't pay dues. Other bargaining groups also represent some state workers and could collect a fee.

The proposal, which failed to make it out of a General Assembly committee two years ago, is part of O'Malley's legislative agenda this year. Maryland Secretary of State John P. McDonough and O'Malley's chief legislative aide, Joseph C. Bryce, testified in favor of the plan yesterday before the House Appropriations Committee.

A number of labor-backed bills have garnered the administration's backing. Another O'Malley-backed bill would crack down on employers misclassifying workers as "independent contractors" to avoid paying taxes, unemployment insurance and workers' compensation premiums. And another would require more state construction contractors to pay a so-called prevailing wage.

Twenty-three other states either require employees to pay a service fee or permit them to be required through collective bargaining, according to an analysis of the bill by nonpartisan legislative analysts.

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