Saturday, October 10, 2026
Home Blog Page 1454

State employee union gets court to block Dunleavy on union dues collection

22

RIGHT TO WORK FOUNDATION STEPS UP TO HELP

An Anchorage Superior Court judge has granted the Alaska State Employees Association a temporary restraining order to prevent the Dunleavy Administration from its decision to stop collecting union dues on behalf of ASEA.

Judge Gregory Miller ordered that that the State must continue to collect dues for the union while the main case works its way through court.

On August 27, Attorney General Kevin Clarkson announced that union members must be afforded the right to affirmatively opt in to paying union dues, rather than the opt-out option that the Walker Administration set up after the historic Janus decision by the U.S. Supreme Court in 2018.

Miller said the Dunleavy Administration’s actions are “causing and will continue to cause irreparable harm” to ASEA, which has filed a lawsuit against the state action.

Only 13 State employees have opted out of paying the ASEA dues, according to MRAK sources.

Meanwhile, the organization called Right to Work Foundation has offered to represent pro bono the employees who want to cease paying dues to ASEA.

Any employees who are interested in receiving free legal advice and assistance can contact the National Right to Work Foundation at [email protected]. The organization explains in more at its website.

State will work to protect employees’ rights

3

By COMMISSIONER KELLY TSHIBAKA

In June 2018, the United States Supreme Court held in Janus v. AFSCME Council 31, that state governments violate the First Amendment when they deduct union dues or fees from non-consenting state employees.

The court made clear that a union’s act of collective bargaining with the government is inherently political speech, and that public employees therefore have a right to choose whether to participate in that speech.

Specifically, the court ruled that by agreeing to pay union dues or fees, public employees are waiving their First Amendment rights.

Such waiver must be freely given and demonstrated by clear and compelling evidence before the state can deduct any union dues or fees from employees’ paychecks.

Unfortunately, after the Janus decision was issued in 2018, the prior Administration made little effort to advise state employees of their constitutional rights as set forth in Janus.

Under the Dunleavy Administration, however, the State is taking steps to inform State employees of their constitutional rights as required under the Janus decision, and to protect those rights.

On Aug. 27, Attorney General Kevin Clarkson issued an opinion concluding an employee’s consent for dues deductions must be free from coercion; knowing and intelligent; and sufficiently contemporaneous to the time the deductions occur.

The governor also has issued an administrative order instructing the Department of Administration to prepare a system by which state employees can clearly and affirmatively choose to deduct union dues and fees from their pay checks.

If they do not so choose, the state will not deduct those dues or fees from their pay checks. Until the DOA develops the new system, the state will continue to deduct union dues from employee wages. Once the new system is created and implemented, all employees will need to use the new system to affirm or reaffirm their consent to dues and fees deductions.

Going forward, employees will be able to opt in or opt out of authorizing dues deductions from their paychecks at any time.

Some union leaders have alleged that designing this system is “union busting.” That argument presumes a significant number of their members will not consent to have dues deducted once given a choice. Why wouldn’t members want to support their union if their union was representing their interests and views?

Others have expressed concern that unions will need to represent non-paying employees in bargaining, but will not receive financial support from them. So far, unions have expressed that they want to keep non-paying employees as their members, but the state is open and willing to deal with non-paying employees directly if unions want to remove them from membership.

To be clear: The state of Alaska is taking no position on whether an employee should choose to financially support a union.

That is an individual decision, protected by the Constitution, and the state will fully honor employees’ decisions in this regard.

The state’s goal is simply to comply with the law and fairly and impartially protect employees’ constitutional rights.

Kelly Tshibaka is the commissioner of the Alaska Department of Administration

Haines ok’s a tax for pot, but no extra tax for booze

2

CONSERVATIVES GOT OUT THE VOTE TUESDAY

Haines Borough voters on Tuesday turned down a tax on alcoholic beverages.

But a tax on marijuana products? That was approved.

People who spoke to Must Read Alaska said the Borough needed to get the annual budget under control before they will agree to more taxes onto alcohol. There is only one retail pot store in town.

Two conservatives joined the Borough Assembly and conservatives showed up to vote due to a local conservative get-out-the-vote effort.

The Assembly now has three conservatives, and three liberals, but it splits right of center with the Mayor Jan Hill, a conservative to break the ties.

1,082 ballots were counted after polls closed on Tuesday. With a maximum of 72 votes to be counted still, the two measures are up in the air, but the results are unlikely to change.

The borough voters turned out in some of the highest numbers of any community in Alaska during the Oct. 1 local election cycle, with 46 percent of registered voters taking the trouble to cast a ballot. Last year, 39 percent turned out to vote in the borough election.

To compare with a much larger community nearby, Sitka only turned out 1,099 voters, slightly under a 15 percent turnout of its registered voters in the local election held the same day.

[Read: Homer bans plastic bags, while Sitka doesn’t]

Haines preliminary results:

Prop 1 – Shall the Haines Borough levy and collect an additional borough-wide sales tax equal to two percent of the selling price on retail sales of alcoholic beverages?

Yes – 402

No – 650

Prop. 2 – Shall the Haines Borough levy and collect an additional borough-wide sales tax equal to two percent of the selling price on retail sales of marijuana and marijuana products?

Yes – 575

No – 476

THOMAS AND ROGERS WIN ASSEMBLY

Gabe Thomas, Paul Rogers appear to have won seats on the borough assembly.

Rogers and Thomas are more conservative than the previous Assembly members Heather Lende, Tom Morphet.

Both new Assembly members ran on pro-economy platforms.

A third candidate will end up being on the Assembly because Assembly member William Prisciandaro moved to Vermont, and had resigned from the Assembly.

By code, Assembly was required to appoint someone to the seat, and decided the third vote getter of this election cycle would be appointed.

Thus, Zephyr Sincerny, the third vote getter in the Assembly election, will have that seat until the next election. Sincerny ran on an anti-mining platform.

The other two candidates for Borough Assembly, Sean Gaffney and Sally McGuire got 320 and 328 votes respectively. McGuire was firmly anti-mine, and Gaffney was difficult to pin down on his views.

The additional 72 ballots to be counted are unlikely to move the needle in the Assembly race, and the school board race was uncompetitive: Lindsey Dixon, Shelly Sloper, and Tracy Wirak were voted to the school board.

Bethel says lights out for booze, light up for pot

3

Bethel voters want stricter rules for alcohol sales in the rural Alaska hub community, but didn’t tighten up when the question was asked about pot.

With a nearly 28 percent voter turnout in this city of 6,456, voters returned to a “local option” status for alcohol sales, restricting sales to restaurant or dining establishments. Voters also said that furnishing alcohol to people under the age of 21 will again be a felony.

People can still bring it into community, but the Caribou Trader Liquor Store is the loser in this vote, as it had recently opened and was selling not only wine and beer, but hard liquor. AC was about to open.

But when it came to marijuana, voters were of a more liberal mind. The question was whether to tighten rules for Bethel that would be stricter than the State of Alaska’s laws. Local communities have the option to do so under state law. Most Bethel voters said no to banning pot.

The questions summarized, and the voter totals, which are not final:

Prop. 1 – Prohibit the sale of alcoholic beverages except through a restaurant or eating place license.

Yes – 710 or 61.95 percent

No – 431 or 37.61 percent

Prop. 2: Don’t apply a class C felony to violations of Alaska Statutes for furnishing or delivery of alcoholic beverages to persons under the age of 21.

Yes – 514 or 44.85 percent

No – 611, or 53.32 percent

Prop. 3: Should Bethel prohibit the sale or importation for sale of marijuana and any marijuana product and to prohibit the operation of any marijuana establishment, which includes retail sales, cultivation, manufacturing, testing.

Yes – 541 or 47.21 percent

No – 598 or 52.18 percent

It’s Mayor Rodney Dial in Ketchikan Borough

2

 YOU’LL RECOGNIZE HIS NAME FROM THE PALIN YEARS

Rodney Dial is the new mayor of the Ketchikan Borough. Dial is a lifelong Alaskan, a veteran, and former Alaska State Trooper with a cinematic smile and a life story to match.

Dial most recently served on the Borough Assembly.

Preliminary results show Dial with 1,156 votes, with Michelle O’Brien getting 842, and Sid Hartley with 321.

Austin Otos and David Landis also won seats on the Borough Assembly. Landis was borough mayor but was term-limited, unable to run again for that seat.

Dial, born in Anchorage comes from a family of both Native and non-Native Alaskans, a family that has lived in the state for generations. His father was an Alaska State Trooper and he spent part of his youth following him around to remote locations.

Dial graduated from high school early and joined the U.S. Army, enlisting as a Ranger. He had several overseas deployments, including joint operations with the Contra Rebels in Honduras.

In 1990, he was hired as an Alaska State Trooper and stationed in Fairbanks. The next year he transferred to Ketchikan, where he stayed until 1994, when he was transferred to Talkeetna.

In 1998 he was promoted to Post Commander of the Glennallen Trooper Post. In 2001, he became one of the youngest individuals in Trooper history to be promoted to a Command Level Position. He was assigned to Anchorage and later in the Aleutians and North Slope.

In 2004, he requested reassignment in Ketchikan.

“My first experience with politics occurred on February 29, 2008, when Frank Bailey, Governor Palin’s director of boards and commissions, made a phone call to me in my capacity as the state troopers’ liaison to the Legislature. During this phone call it was suggested to me that I provide information and take actions inconsistent with state law; I refused. When the details of this phone call came out months later I instantly obtained a great deal of respect from many legislators who saw me as incorruptible. I believe this was a large part of why I became the longest serving legislative liaison in Trooper history,” Dial wrote.

He and his wife and daughter own the Alaska Ink Tattoo shop in Ketchikan.

Plastic bag ban passes in Homer, but fails in Sitka

3

Homer voters overwhelmingly passed a ban on single-use plastic bags that are typically given out in stores for customers to carry out their merchandise.

Prop. A, written with specific language and several exemptions, passed 748 to 406 in the City of Homer election on Oct. 1. Preliminary turnout was 28 percent.

Meanwhile, the same general question was asked of voters in Sitka, but that measure failed, 1,099 votes against it to 739 for the proposition. The Sitka ballot question was less specific than the question posed to Homer voters.

Communities such as Anchorage, Seward, Wasilla, and Soldotna have bans on the 2.5 mil thick bags. Homer previously had a bag ban, but it was repealed by voters, and Sitka has considered one since last year when the Sitka Assembly considered a fee on the plastic bags.

Mayor Jim Matherly, outspent 2-1, wins reelection in Fairbanks race

14

FAIRBANKS CONSERVATIVES WIN SEVERAL KEY RACES

Mayor Jim Matherly has won reelection as mayor of the City of Fairbanks , even after he was outspent by Kathryn Dodge, the Democrat who had a huge cash advantage going into Tuesday’s election.

[Read: Will Matherly fend off Kathryn Dodge?]

With 100 percent of precincts counted, Matherly won 1,720 to Dodge’s 1,516. Lakesha Jordan peeled off 138 votes from the Dodge’s Left, and Frank Turney was able to find 75 voters to support him.

The race was watched across the state because the LGBTQ+ voters rallied around Dodge, as did major public employee unions and Democrats in general. Even Planned Parenthood got in the game and published flyers supporting Dodge.

Why? Matherly had vetoed a controversial “equal rights ordinance” that had been adopted by the city council, which had created protections for certain people in employment, housing and public accommodations such as cross-gender bathroom usage. Matherly had said the measure needed to be voted on by the people of Fairbanks. The LGBTQ community was up in arms.

Dodge is well-known in Fairbanks politics, having served on the Borough Assembly for two terms, and also having lost the District 1 House seat to Rep. Bart LeBon by just one vote in the 2018 election. She raised over $52,000 to Matherly’s $25,000, at last report.

Other conservatives winning the night were Borough Assembly candidates and apparent victors Jimi Cash and Frank Tomaszewski; Aaron Gibson for City Council, and Mathew Sampson for school board.

With just a 16 percent turnout for this local election, conservatives in Fairbanks credited Alaska Family Action and local churches for getting voters turned out. A group started a voteforfairbanks.com, which published a conservative voting guide.

There were no ballot measures driving people to the polls in Fairbanks during the Oct. 1 election.

Kenai trends left in local races

4

BUT VOTES DOWN MANAGER FORM OF BOROUGH GOVERNMENT

The more liberal candidates prevailed in the Kenai Borough races, but voters turned down the idea of creating a “manager” form of government for the borough, which now has a mayoral form of government.

Jesse Bjorkman resoundingly won for Assembly District 3, with 58 percent. Joseph Ross and John Quick split the remaining votes. Bjorkman was the lead negotiator for the teachers during the recent strike on the Kenai.

Tyson Cox won Assembly District 4 with 59 percent and Henry Rose coming in second with 40.58 percent.

Brent Johnson won Assembly District 7 against Holly Odd, 56.4 to 42.8 percent.

For school board, Patricia Truesdell is the apparent winner in a three-way race, and Martha Fleming and John “Zen” Kelly both won their seats, and were running unopposed.

The Borough’s Prop. 1 would change the borough’s form of government to one that would be headed up by a manager hired by the Assembly, rather than a strong mayor form of government, which now exists. That prop went down 56.78 percent, with all but one precinct reporting.

The Borough’s Prop. 2, the sales tax cap, failed 54.57 to 45.43 percent.

Brian Gabriel, running for City of Kenai mayor, won, and was unopposed.

On the Kenai City Council, Jim Glendening is the apparent winner over Glenese Pettey. Prop. A failed and Prop. B passed.

In Seward, Christy Terry won for mayor over David Squires and Sue McClure won for City Council over Brad Snowden, and Dale Butts and Antony Baclaan also prevailed.

8,938 votes were counted — 17.75 percent turnout — for this MRAK report, but more will come in as one precinct was slow and the absentees and questioned ballots have not been added.