Starting this month, the state is going to start deducting what are called "Agency Fees" from employees who are not members of the State Employees Association.
These payments represent what the union calls the fair share of the costs of negotiating a contract with the state.
But some non-union employees don't want to pay the fees.
And some commissioners are refusing to enforce the contract.
New Hampshire Public Radio's David Darman has more.
In front of the State House, state workers gather to protest having to pay the agency fees.(Cheryl Senter, NHPR)
Earlier this week, about 50 state workers gathered in front of the statehouse to protest having to pay the agency fees.
They were joined by GOP Gubernatorial Candidate Jim Coburn who has made his opposition part of his political campaign.
Robin Mongeon (Monge-ion), who works in the Department of Environmental Services, told those gathered that she doesn't want to pay the agency fees, because she thinks they are too high.
they're charging us more than our pro rated share of the actual cost. and when you look up the definition of extortion, it says an excessive or exorbitant charge. so i consider this extortion. (applause)
Non-union workers have to pay the fee to the State Employees Association, or SEA, because of a provision in the union's contract with the state.
That contract says when 60 percent or more of state workers belong to SEA, New Hampshire agencies are obliged to collect a fee from all workers who benefit from the contract.
That fee is less than union dues.
And paying the fee does not mean the employee automatically becomes a union member.
Phillip Wright, Director of Enviromental Services at New Hampshire Hospital, wears a sign on his chest stating, "I Will Not Break...." On his back, another sign finishing his front sign's statement, "...the Law" .(Cheryl Senter, NHPR)
Gary Smith, president of the SEA, says the 'fair share' payment is just a way for the union to recoup some of the cost of contract negotiations that is spent on workers outside the union.
they benefit from negotiated wages. they benefit from the negotiated healthcare and the other terms and conditions of employment, which are negotiated. they directly benefit from that. but its only fair that they share in the cost of it.
But a few state agency heads are refusing to enforce the "fair share" payroll deductions.
Health and Human Services Commissioner John Stephen has been the most outspoken about his opposition.
He was not available for this story.
But he has said he won't order the fee deducted without the Governor or Attorney General explaining the reason for it to HHS employees.
Governor John Lynch has said it's up to agency heads like Stephen to implement the contract and that he and the Attorney General have already explained that to the state's Commissioners.
Lynch says the "fair share" provision has been part of the state's contract with SEA for seven years, and there's no need for further clarification.
Gary Smith, president of the SEA. (Cheryl Senter, NHPR)
its part of the employment agreement. so, we have to enforce it. and we have to implement it. so, i've been very clear with the department heads, along with the attorney general and commissioner hill that this will be enforced. and so everybody, certainly at the department level, understands my position on it.
Lynch also added that it's a condition of employment that covered state workers pay the agency fee.
The State's Attorney General's office echoes the Governor.
Senior Assistant Attorney General Michael Brown says there's nothing more his office needs to do for the "fair share" deductions to progress.
And Brown says workers who are reluctant to pay the fee have no real chance of winning the issue in court.
the united states supreme court has weighed in on the topic of agency fees and the new hampshire supreme court has weighed in on the legality of agency fees and they have been universally upheld.
State employees who are not union members can expect to see "fair share" deductions from their paychecks beginning on September 15th.
Workers and officials who dislike the fees can do little but fume about them in the near term.
But they can certainly try to get the "fair share" provision removed from the next contract with the state.
Negotiations for a new contract are set to begin later this year.
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