UNION SAYS ZERO-TOLERANCE DRUG POLICY THREATENS CONTRACT'S PENSION BENEFITS

Representatives of the largest state employees' union say a new piece of
legislation concerning a "zero-tolerance" drug-use policy would threaten
the pension benefits in a recently negotiated contract.

But Illinois Senate President James "Pate" Philip, R-Wood Dale, on
Wednesday defended his proposal as a means to protect state employees and
prison inmates.

Last spring, the American Federation of State, County and Municipal
Employees and Gov. George Ryan's administration negotiated a new four-year
contract for the union's 44,000 prison guards and other state workers.

More than 90 percent of members ratified the deal, which took effect in July.

Its provisions include cost-of-living pay increases ranging from 3.5
percent to 4 percent and beefed-up pension benefits. The new deal also puts
in place a zero-tolerance policy that enables the state to fire prison
guards after one positive test for illegal drugs.

Philip's proposal would make the zero-tolerance provision, as well as the
pension provisions, part of state law.

The pension improvements include the "rule of 85," which means state
employees younger than 65 could retire ahead of schedule and without an
early-retirement penalty if their combination of age and time on the job
equaled 85. Another provision would boost pensions for state prison employees.

When the contract was negotiated, officials said the pension changes needed
legislative approval. If approved, those changes kick in on Jan. 1.

The Senate Executive Committee on Wednesday voted 7-5 for Philip's
amendment to House Bill 4659. It would have to win approval from the full
Senate, the House and the governor to become law.

Debate on the measure was heated at times during Wednesday's committee meeting.

Henry Bayer, executive director of AFSCME Council 31, said Philip's
legislation is unconstitutional and doesn't honor the agreement between the
union and the governor's office. He urged approval of a different measure,
Senate Bill 1047, which includes the pension provisions but nothing on
zero-tolerance.

Bayer said the bill violates the state constitution's single-subject
requirement because it deals with pensions and drug testing. If the bill
becomes law and a court eventually declares it invalid, that would
"jeopardize" retirement benefits for AFSCME workers, he said.

Philip said to Bayer: "I'm going to tell you this, young man, you guys in
the contract specifically agreed to zero-tolerance."

Philip said he and fellow Republicans want the zero-tolerance drug-testing
provision to be codified in statute "because we know what you guys will do:
You'll bargain it away under the next weak governor. That's what you guys
will do."

Zero-tolerance is a policy that works, Philip said, adding, "Prisons have
never been cleaner than they are today."