Reading the Denver Post’s article on the Governor’s Employee Agreement today is very revealing.
The attorney general’s ruling “confirms that employees have a legal right to strike and the governor can’t overrule that unilaterally,” said Sen. Shawn Mitchell, R-Broomfield. “Either he misled Colorado intentionally or ignorantly, but he did mislead.”
What did the AG’s opinion actually state?
Assuming that this provision is enforceable, it would mean that once a Partnership Agreement is agreed upon, the Certified Employee Organization and its dues paying members would be bound by their agreement not to strike. Should they breach that agreement by striking or by engaging in, or threatening to engage in, a behavior that effectuates the same result as a strike, presumably the state entity that agreed to the Partnership Agreement could terminate the agreement and likely pursue legal options for breach of contract.
However, these agreements not to strike may be applicable only to dues paying members of the Certified Employee Organization that have entered into the Partnership Agreement. The agreement to forego an individual’s statutory right to strike may not be binding upon the following three classes of state employees:
1) state employees who are not dues paying members of the union selected as the Certified Employee Organization,
2) state employees who are members of a different union than the Certified Employee Organization, or
3) state employees exempted from the Executive Order and therefore not covered by any provision.
Did you get that? Employees who enter into the Partnership cannot strike, and those who do not enter into the Partnership can strike. If the GOP is so terrified of strikes, wouldn’t they want the State Employees to sign the Agreement and join a union?
But of course silly things such as facts and laws will not stop Republicans from making crazy claims.
“There is absolutely no question that it increases the likelihood of a strike,” said Senate Republican leader Andy McElhany of Colorado Springs, who requested the attorney general’s opinion. “Nobody ever plans to strike until they do.”
Are Republicans really slamming state employees becuase, “GOP lawmakers who say that Ritter’s order has opened the door for unions to eventually bargain for higher wages and benefits.” Or, is it because the Republicans think screwing over public employees is a political fight they can win since they have no other issues to run on?
At least this is an actual opinion, rather than some rift-raft memo which no one asked for.
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