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Delegate Bothe.
DELEGATE BOTHE: Mr. Chairman, I
rise to speak against the amendment. I do
not intend to amplify the discussion made
this morning.
I think the purpose of the amendment
was very obviously to permit the moving
delegate to make a ten-minute instead of a
three-minute speech on the subject, but
I would like to correct or speak to the
response that the Chair gave to a question
asked by Delegate Taylor. On reading
Amendment No. 21 in conjunction with
Amendment No. 22, it would seem to me
that the intent of Amendment No. 22 is
very clearly to deny to people in public
employment the right to organize and
bargain collectively.
They have exercised not the right so
much as the ability to organize and bar-
gain collectively up to this time. The pur-
pose of Amendment No. 21 is to guarantee
that right in the constitution which this
body has chosen to do.
If Amendment No. 22 were accepted, it
would seem to me little question but that
not only would public employees be ex-
cepted but they would be constitutionally
banned from organizing and bargaining
collectively. For that reason, among many
others, I emphatically urge this Committee
to reject Amendment No. 22.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment?
The Chair recognizes Delegate Scanlan
to speak in opposition.
DELEGATE SCANLAN: As one of the
thirty-seven who voted against Amend-
ment No. 21, I guess I am in the words of
Delegate Weidemeyer, without sin, but,
nevertheless, now that that has been done,
I think it very unwise to encumber the
constitution further with another unneces-
sary provision.
As I understand his major concern, it
would be the fear that as a result of the
adoption of Amendment No. 21, the legis-
lature of this State could not restrict the
right to strike under certain conditions, on
the part of governmental employees. I do
not believe that Amendment No. 21 reaches
that subject. I do not believe that there is
anything in Amendmen No. 21 which would
prohibit the legislature of this state from
enacting restrictions on the right to srike
on the part of governmental employees. I
believe in the words of Delegate Sickles
that in enacting Amendment No. 21, you
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did a very small but perhaps necessary
thing.
I also disagree with Delegate Bothe's
misconstruction of the comments of the
Chair in response to a question put by
Delegate Taylor. As I understand Delegate
Weidemeyer's amendment, even if adopted,
it would not, at least in my opinion, bar
unions on the part of governmental em-
ployees. It would not give the right to
organize the same constitutional status that
you have prescribed in Amendment No. 21.
I hope that the amendment is defeated
but if it is not defeated, I hope that that
intent would carry over. I think this is a
perfect example of what happens when you
start to encumber the constitution with
statutory provisions.
The temptation is irresistible to add the
various exceptions, addenda and so forth,
and I think that is what is represented
here by Amendment No. 22. I think if we
are going to raise the right to organize
and bargain collectively to constitutional
status it should be given to all employees
of this State whether they work for state
government or not.
There may be those that disagree with
me. I read nothing in Amendment No. 21
which would deny the legislature of this
State the right to put restrictions on the
right to strike on the part of government
employees.
The horrible example of the teacher's
strike in New York with a minor version
of it in Baltimore, certainly attested to the
wisdom of leaving in the legislature the
power to put restrictions on their em-
ployees in the few instances that restric-
tions should be placed on them.
THE CHAIRMAN: Delegate Mitchell,
do you desire to speak?
DELEGATE MITCHELL: No, Delegate
Bothe said what I wanted to say.
THE CHAIRMAN: All right.
Are you ready for the question?
(Call for the question.)
The question arises on the adoption of
Amendment No. 22. The Clerk will ring
the quorum bell.
The question arises on the adoption of
Amendment No. 22 to Committee Recom-
mendation R&P-1.
A vote Aye is a vote in favor of Amend-
ment No. 22. A vote No is a vote against.
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