§89A-1 - Office of collective bargaining and managed competition.

§89A-1 Office of collective bargaining and
managed competition. (a) There shall be established an office of
collective bargaining and managed competition in the office of the governor to
assist the governor in implementation and review of the managed process of
public-private competition for particular government services through the
managed competition process and negotiations between the State and the
exclusive representatives on matters of wages, hours, and other negotiable
terms and conditions of employment.

(b) The position of chief negotiator for the
State is hereby established to head the office. The chief negotiator shall be
experienced in labor relations. The governor shall appoint the chief
negotiator and may also appoint deputy negotiators to assist the chief
negotiator. The governor, at pleasure, may remove the chief negotiator and any
deputy negotiator. All other employees shall be appointed by the chief
negotiator. All employees in the office of collective bargaining and managed
competition shall be included in any benefit programs generally applicable to
employees of the State.

(1) Assist the governor in formulating the State's
philosophy for public collective bargaining and for the managed process for
public-private competition for government services, including which particular
service can be provided more efficiently, effectively, and economically
considering all relevant costs; and

(2) Coordinate and negotiate the managed competition
process on behalf of the State with exclusive representatives of affected
public employees and private contractors.

(d) No employee of the office of collective
bargaining and managed competition shall be included in the civil service, any
civil service classification system, or any appropriate bargaining unit;
provided that any civil service position in existence on July 1, 2002, shall
not be exempted from civil service until the incumbent in that position on July
1, 2002, vacates that position.

(e) If the State executes a contract with a
private contractor pursuant to the managed competition process authorized under
this section, the State may use the layoff provisions of the civil service laws
and the respective collective bargaining contracts to release employees
displaced from their positions by the managed competition process. Prior to
implementing any layoff provision of the civil service laws or a collective
bargaining contract, the State shall use its resources for placing, retraining,
and providing voluntary severance incentives for displaced employees. Methods
that may be used to minimize or avoid the adverse effects of an agency's
decision to secure needed services from contractors may include:

(1) Coordination with the private service provider
awarded the contract under this section to continue a displaced employee's
employment as an employee of the contractor;

(2) Reassignment to another civil service position
the employee is qualified to fill;

(3) Retraining to qualify the employee for
reassignment; and

(4) Severance incentives.

(f) As used in this section, "managed
competition" means the process established in this section by which the
State and a private contractor compete to provide government services. [L 1975,
c 165, §2; am L 1977, c 191, §4; am L 1982, c 129, §4; am L 1985, c 29, §1; am
L 1986, c 128, §4; am L 1989, c 329, §3; am L 2000, c 253, §104; am L 2001, c
55, §37 and c 90, §5; am L 2002, c 106, §2]

Note

Privatization; contracting of government services with the
private sector (repealed June 30, 2007). L 2001, c 90, §2.