COM 0945.000 1996-1998 - Laserfiche WebLink

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Richard D. wurdeman, Esq. David Z. Arakavia, Esq. J. P. Schmidt, Esq. August 4, 1998 Page 4 the agreement is executed. Matters requiring the approval of the State Legislature shall be submitted by the employer within 14 days of the Legislature convenes, if it is not in session at the time the agreement is executed. Request for funds to implement the agreement shall be included in the Governor's operating budget. The legislativa body may approve or reject such submission, as a whole, by a majority vote of those present and voting on the matter; but, if rejected, the matter shall be returned to the parties for further bargaining. Failure by the employer to submit such requests to the legislative body within the appropriate period ehall be considered to be a refusal to bargain, in violation of Section 5(a)(5) of this Act. Such requests shall be considered approved if the legislative body fails to act within thirty days of the and of the period for submission to the legislative body. The parties may agree that those provisions of the agreement mot re"LcLag acties by the legislative body shall be affective and operative in accordance with the term of the agreement. If the legislative body rejects the provisions submitted to it the employer, either party may reopen all or part of the remainder of the agreement. lEmphasis added.] The Senate amended S.S. 1696-70 by removing the provision which provided that a request for funds was to be considered "approved if the legislative body failed to act within thirty days of the end of the period for submission to the legislative body. The apparent intended affect of the removal of the automatic approval provision was that the failure of the Legislature to approve the cost items properly submitted to the Legislature cannot be construed as approval of the cost item. In 1972, the Attorney General was asked to render his opinion on three questions concerning legislative approval of cost items in a collective bargaining agreement. One of the questions was "(b)y what means could the Legislature approve or reject the cost items?" The Attorney General responded that a rejection may be indicated by the failure to appropriate the necessary funds. This response was published as Attorney General Opinion No. 72-10. There has been no change in the statute since 1972 which would affect this opinion. 08/04/98 17:23 TX/RX N0.8856 P.005