HELENA, Mont. — A state board on Thursday backed the 2011 Montana Legislature's pay freeze for state employees, rebuffing a complaint from unions that the Republican-led move to spurn a deal negotiated with the governor violated fair labor practice standards.
The Board of Personnel Appeals voted Thursday to accept the earlier findings of a hearings officer in rejecting the state employee unions' unfair labor practice complaint.
The board agreed that the labor deal negotiated between the governor's office and state employee unions held a specific provision that the deal was contingent upon legislative approval.
The pay plan included a 4 percent pay hike over two years. The Republican-led Legislature rejected the plan and instead imposed a pay freeze.
A union representative said a decision will come later on whether to appeal to the courts.
Montana Public Employees Association executive director Quinton Nyman said the labor groups involved in the complaint want an order forcing future legislatures to fairly bargain. He said there was never much chance of forcing the legislature to re-do the pay plan and endorse the small pay increase negotiated with the governor.
The unions said the board's decision means that the groups have very little motivation to go through the labor bargaining process with the governor if the Legislature can just simply ignore it. Nyman said that the Legislature does not have to approve the deal, but it does have to continue fair negotiations that give the unions a chance to object.
During the last session, Republican legislative leaders argued there was not enough money to pay for the raise. The Legislature said that it was under no obligation to simply ratify the deal negotiated by the governor and the unions.
Gov. Brian Schweitzer, a Democrat who backed the pay deal, countered there was plenty of money and said state employees deserved a small raise after several years of stagnant pay.
One board member who opposed the move said he thinks the courts will force the board to look at the case again. Jay Reardon said the board had an obligation to do fact-finding in the case rather than to simply accept the hearings officer's motion for summary judgment.
"I believe there are material facts and evidence that are in dispute," he said.
Other board member, however, argued the law was clear that the legal negotiating process stops when the governor submits the negotiated pay plan to the Legislature.