CORRECTIONS PENSION BILL STALLS IN SENATE

On Tuesday, the final day of the 91st General Assembly, the Senate
adjourned without voting on a bill to codify a contract with the union
representing state prison workers.

After adjournment, Senate President James "Pate" Philip, R-Wood Dale, said
he would not allow Senate Bill 1047 to be called because House Speaker
Michael Madigan, D-Chicago, refused to call a bill Philip supported
requiring a zero-tolerance drug testing policy for Department of
Corrections employees.

The department has voluntarily implemented a zero-tolerance policy in
accordance with the contract agreement its union reached with the state
last spring. Philip said Monday that the zero-tolerance policy needed to be
made law so it could not be negotiated out of future contracts.

"I'm glad that Speaker Madigan did not interfere in the collective
bargaining process," Henry Bayer, executive director of the American
Federation of State, County and Municipal Employees Council 31, said after
the Senate adjourned.

"The clear language of the contract is that (Corrections employees) will
get 2.5 percent for each year of service (as a pension). It's our opinion
that the state is legally obligated to pay it."

According to Bayer, because the contract was collectively bargained, it
supersedes all other laws and the state is obligated to pay the pension
hike regardless of whether any other legislation is passed.

Bayer acknowledged, however, that he believes the Department of Central
Management Services does not agree with his interpretation of the law, and
that the issue likely will go to arbitration, where he hopes it can be
resolved in 30 to 60 days.

House Bill 4659, the law codifying the drug testing policy, was amended on
the Senate floor Tuesday and then passed by a vote of 35-10, with 13
senators voting "present." When taken to the House for concurrence, Madigan
did not call the bill for a vote.

"We never received a request from the sponsor to call the bill," Madigan
explained. "I really don't know that much about it. This was a matter that
was under discussion and negotiation between the governor's office, Senator
Philip and the AFSCME union. And obviously there were some severe
differences of opinion as to who said what, and when they said it."

Hundreds of Corrections workers and AFSCME members rallied at the Capitol
Monday, demanding their pension bill be called and voted on in the Senate.
Shouts of "liar" came down toward Philip from the prison workers who filled
the gallery after the Senate adjourned.

"I feel it shows his contempt of Corrections employees," Bayer said after
the Senate of the 91st General Assembly adjourned for good, strengthening
AFSCME's condemnation of Philip. "Maybe they need to drug test senators."

For the AFSCME contract to become law, the 92nd General Assembly, which
will be sworn in today, will have to start the process from the beginning.