Pubdate: Thu, 30 Nov 2000
Source: State Journal-Register (IL)
Copyright: 2000 The State Journal-Register
Contact:  P.O. Box 219, Springfield, IL 62705-0219
Fax: (217) 788-1551
Website: http://www.sj-r.com/
Author: Adriana Colindres

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."
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MAP posted-by: Larry Stevens