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State opens door too wide for unions

Published August 19, 2007 at midnight

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Will the proposed policy that would expand the access unions have to state employees truly make Colorado a "union paradise," as Republicans claim? Is it Gov. Bill Ritter's "thank you" to organized labor for its help in his winning election?

Or is it merely the much-needed clarification of existing rules that Democrats and labor leaders contend?

Here's one clue: The new policy grants public employee unions far more operating latitude than unions in private settings usually enjoy. Indeed, union organizers would have such pervasive access that they could become an intrusive, even intimidating presence for some workers.

State Personnel Board Rule 1-18, the existing policy, already gives employees the right "to associate, self-organize, and designate representatives of their choice." And it permits union representatives to "confer, with prior consent from the supervisor, on employment matters during work hours. Such conferences should be scheduled to minimize disruption to productivity and the general work environment."

So what's to clarify? Well, Department of Personnel and Administration Director Rich Gonzales drafted rules defining "reasonable access" for "talking to and distributing literature to employees" (a euphemism for union organizing) to include a wide array of common areas including main entrances and exits, cafeterias, break rooms, parking lots, and outdoor walkways at virtually all state facilities.

Not only that, unions are given the explicit right to reserve conference or meeting rooms within state facilities, as well as use both the state's centralized mail distribution system to communicate with state employees and all internal mail systems within departments.

Finally, unions can use the state's e-mail system to conduct organizing drives and otherwise communicate with state employees, subject to certain limitations such as volume e-mails (no more than three per month during work hours, which officially do not, surprisingly, include noon to 1 p.m.).

To be sure, unions would be expected to "pay all associated costs" involved in any mailings, refrain from criticizing management in e-mails, and permit employees to opt out of correspondence. Still, all this amounts to extraordinary access. While the current policy aligns closely with the rules and practices that apply in private business, the proposed rules do not.

It is naive to think that volume e-mails dealing with union organizing will not disrupt normal work performance, regardless of when they are sent. Campaign material is inherently a discussion-provoking distraction. Moreover, the possibility of the pervasive presence of union organizers allowed by such broad mandatory access to state workplaces is likely to create at least an irritating and distracting environment for many workers, if not worse.

A small fraction of Colorado's 74,000 state workers are unionized; the single largest bargaining representation covers about 4,000 members. So it's easy to see why Colorado labor leaders are so enthusiastic in their defense of the generous assistance being offered by the Ritter administration.

The new policy on "employee organization access" as currently crafted is unnecessary at best. At worst, it is the payback to organized labor that Republicans have characterized it to be.