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James said this was a procedural matter
but then refused to adopt the word
"procedural".
The State of New York and New Jersey
both have this identical wording in the
Constitution. In neither case has it pre-
cluded the General Assembly from acting.
I will give you further information : it is
true that the State of New York has en-
acted a very bad bill as far as labor is
concerned, known as the Taylor Act. It
was done under the similar wording of
what we passed today under Amendment
No. 21. I do not think we did anything that
great. I do not think we did anything less
clear than what we did in any other article
that we have thus far adopted.
I would argue with those people that
say freedom of speech is not limited. We
do limit it in various ways by act of the
General Assembly. I know the General
Assembly can regulate this as it has regu-
lated everything else, and I do not think
that this amendment says what it purports
to say, and I would urge everyone to vote
against it.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment?
Delegate Maurer?
DELEGATE MAURER: Mr. Chairman,
I would speak for an amendment which did
have the word "procedural" in it. My prob-
lem with the amendment was just this: for
25 years or more we have developed stat-
utes and laws and interpretations dealing
with private industry, with the private
sector. All at once we are moving into the
public sector.
We do not have the kind of terminology,
accepted terminology, to determine what is
a negotiated unit for example. We are
moving into areas of professional employ-
ees and this is precisely what troubles me,
that for an interim period, at any rate
until such techniques and terminology are
developed, we may have a more difficult
time. I would, without wishing to in any
way erode the right to organize on either
the part of private or public employees,
hope we would think of making sure that
we can develop the procedures to carry
this out in an orderly fashion.
THE CHAIRMAN: Does any other del-
egate desire to speak in opposition to the
amendment?
(Call for the question.)
THE CHAIRMAN: Delegate Harry
Taylor.
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DELEGATE H. TAYLOR: Mr. Chair-
man, Delegate Lloyd Taylor was going
to speak against this amendment, and I
was going to speak for it, but we have
agreed between ourselves not to say any-
thing.
(Laughter.)
(Call for the question.)
THE CHAIRMAN: Delegate Key.
DELEGATE KEY: I have a question
that I would like to ask Delegate James.
THE CHAIRMAN: Delegate James, will
you take the floor to yield to a question?
DELEGATE JAMES: I will be glad to.
THE CHAIRMAN: Delegate Key.
DELEGATE KEY: As you spoke giving
your reasons why you did not want to in-
clude the word "implementation," I was
lost, because it seemed there for a while
you were becoming the employer in your
regulatory laws. When you get into the
area of who shall decide who best repre-
sents the employee, I wonder if you are
not getting into this area, and if the legis-
lature should have this right.
TPIE CHAIRMAN: Delegate James.
DELEGATE JAMES: My intention was
certainly designed to give the State as an
employer some degree of control over with
whom it shall bargain.
The state's position is just a little bit
different from that of a private employer
and this provision would provide the neces-
sary flexibility. In other words, in the state
government, you have policies set by repre-
sentatives of all the people. It is their job
and duty in laying down policies in connec-
tion with state employment to take care of
the affairs of all the people, to bargain if
this is accepted in a reasonable manner,
and to lay down rules and regulations con-
cerning with whom to bargain, either the
entire body of state employees or possibly
segments thereof; but that is quite a bit
different from the employer in a private
sector bargaining because there the em-
ployees really decide how they are going to
bargain basically and the State is not in
the picture as an employer.
THE CHAIRMAN: Do you have any
further question, Delegate Key?
DELEGATE KEY: Yes.
THE CHAIRMAN: Delegate Key.
DELEGATE KEY: Are you saying that
the rights of State employees should be less
than those of private employees?
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