I, Mike Dunleavy, Governor of the State of Alaska, under the authority of Article III, Sections 1, 23, and 24 of the Alaska Constitution, hereby administratively transfer the labor relations function, with limited exceptions as set forth herein, from the Department of Administration to the Department of Law.
BACKGROUND AND PURPOSE
As a matter of law, the Attorney General is responsible for providing legal services to all executive branch agencies. This includes the drafting and negotiation of legal instruments on behalf of the State. Labor agreements are among the seminal legal instruments upon which the State functions. Aligning this important labor relations function with the State agency responsible for drafting, interpreting, and negotiating legal instruments will improve the functioning of the State’s labor relations work by:
- Providing direct legal assistance and oversight to the State’s labor relations team.
- Allowing for the legal review and analysis of contract terms and proposals during the negotiation process.
- Providing enhanced resources for review and response to grievances, arbitrations, and questions of contract interpretation.
- Facilitating the scaling of legal resources more easily for work that can ebb and flow.
The Division of Personnel will continue to process delegated Letters of Agreement and effect Letters of Dispute resolution associated with employee disciplinary matters and other functions that closely align with the Division’s statutory and regulatory authority.
ORDER
I, Mike Dunleavy, Governor of Alaska, order the following:
- The four labor relations analyst positions within the Department of Administration, Division of Personnel and Labor Relations (DOPLR) are transferred to the Department of Law.
- The Labor Relations Manager position is transferred from DOPLR to the Office of the Governor.
The above transfers shall be completed no later than October 1, 2024, and shall occur in a manner that aligns with the bi-weekly pay periods.
I, Mike Dunleavy, Governor of Alaska, further order the following:
- The Attorney General shall develop an internal policy related to the management and compensation of workgroup leaders below the level of supervising attorneys in the Department of Law.
- For the purposes of this order and the accompanying policy, a workgroup leader is an employee of the Department of Law classified as an Attorney V or higher, responsible for assigning work, evaluating employee performance, and providing direction and instruction to a group of three or more employees—excluding the workgroup leader—in a substantive and comprehensive area of law.
- The policy shall include procedures to recommend authorization of higher pay for the workgroup leader and—to the extent necessary—a commensurate increase in pay range for the workgroup leader’s supervisor in the event the workgroup leader is paid at a range and step greater than the supervisor.
- The Attorney General shall designate a labor relations workgroup within the Department of Law and a workgroup leader in compliance with the policy developed above.
- The Attorney General shall submit a draft of the proposed policy to the Governor for review and approval by November 1, 2024.
The Office of Management and Budget shall work with the Department of Law and the Department of Administration to establish a reimbursable services agreement to transfer funds appropriated for the labor relations function to the Department of Law for the remainder of fiscal year 2025. All existing consultant and outside counsel contracts shall continue and will be paid through the Department of Administration until the multi-year appropriation is exhausted. Beginning in fiscal year 2026, labor relations funding will be set forth in the budget for the Department of Law.
DELEGATION OF AUTHORITY: COMMISSIONER OF TRANSPORTATION
Contemporaneous with the issuance of this Order, the Commissioner of Transportation and Public Facilities has delegated to the Attorney General the Commissioner’s duties under AS 23.40.040. The Commissioner’s delegation furthers the purpose of this Order: the streamlining of the State’s labor relations functions. Accordingly, I hereby incorporate the Commissioner’s delegation into this order.
RESPONSIBILITY FOR IMPLEMENTATION
I hereby direct the Attorney General, Commissioner of Administration, Commissioner of Transportation, and the Director of the Office of Management and Budget to implement the provisions of this order.
DURATION
This Order takes effect immediately and remains in effect until rescinded.
DATED this 25th day of September 2024.
