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The Washington
Times The state's highest
court unanimously overturned a circuit court ruling that the Ehrlich
administration was bound to comply with provisions in the memorandum
of understanding requiring the state to establish regulations dealing
with unfair labor practices. The agreement negotiated
by the Glendening administration and the American Federation of State,
County and Municipal Employees (AFSCME) was not signed by Mr. Glendening,
a Democrat, but by his chief of staff, Gene Lynch. The appeals court
ruling said the agreement was not binding unless the governor either
had signed it or had made some public act or statement making clear
that he approved it. "Nothing of
that kind occurred here," the court said. Joel Smith, the
lawyer who argued AFSCME's case before the appeals court, said it is
regrettable that the agreement will not take effect because of a ruling
that hinged on the technical meaning of the term "ratify." "The employees
did all they could to honor the collective-bargaining law and had every
reason to expect that the agreement would be executed," he said. Sally Davies, president
of AFSCME Council 92, said Maryland has many problems "with high
caseloads, health and safety issues, and a need for improved efficiency.
Our voice at the table, which has been largely ignored, is the key to
improvement." She appealed to
Mr. Ehrlich, a Republican, "to appreciate and honor the good-faith
negotiations that employees undertook to reach our agreement." "He has a
moral obligation to consider the merits of the existing agreement, and
move forward from that point," Miss Davies said. James "Chip"
DiPaula Jr., Mr. Ehrlich's budget director, said that if AFSCME wants
to resume negotiations, the administration will do so. He noted that Mr.
Ehrlich included about $120 million in the current budget for pay increases,
the first in three years for state employees. "State employees
are a high priority for the governor," Mr. DiPaula said. Copyright © 2004 News World Communications, Inc. All rights reserved. |
