So much for cost-neutral.
Despite claims that Gov. Bill Ritter's executive order allowing state workers to unionize would be cost-neutral to the state, Attorney General John Suthers stepped forward last week to say his department likely will need more money to handle emerging labor-relations issues that arise from the order.
Suthers, speaking to the legislature's Joint Budget Committee, said he expects leaders of other state agencies will seek out legal advice on how to handle the new bargaining power of state workers. It's hard to imagine they won't, since the state is moving into uncharted territory.
The Republican AG claims those extra questions and cases could require his office to either contract with or hire lawyers with labor-law experience.
And that would raise costs.
"There is no question in our mind that there is going to be an increase in demand for legal services in our office," Suthers said after the meeting.
It's also been suggested that the no-strike clause that Ritter included in the executive order could be unconstitutional. Just answering the question of its legality could cost the state money it normally wouldn't have to spend.
Ritter's order forbids workers from striking, but one union leader already has claimed that the National Labor Relations Act and a 1992 state Supreme Court ruling upholding the right of Colorado public employees to strike gives state workers the ability to walk out and set up picket lines.
At best, it will take legislation to clarify whether workers can strike. At worst, it will be challenged in court and the state will be forced to defend it.
And that would cost more taxpayer money.
That clause is just one of the reasons why we wish Ritter had gone to the Colorado legislature with his plan. Had he, the no-strike issue likely could have been resolved.
But even the administration of the program will cost money.
According to the executive order, the director of the state's Division of Labor must negotiate the "partnership agreements," oversee union elections, appoint mediators for disputes, along with numerous other new job duties.
We're guessing those extra duties won't be totally handled for free.
We have contended that as state workers unionize and begin bargaining for new workplace rules and other items that overall costs for state government will go up. For example, what happens if a corrections department union demands higher staffing levels? Costs could go up.
The heads of the Departments of Agriculture and Labor and Employment have told state Sen. Steve Johnson, a Republican who sits on the budget committee, that they won't need additional money to cover the costs of the order.
Lawmakers must hold them to that. So far, we're not off to a good start.
