Public-sector union policy in Arizona
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On June 27, 2018, the Supreme Court of the United States issued its decision in Janus v. American Federation of State, County, and Municipal Employees (Janus v. AFSCME), a case concerning the constitutionality of public-sector labor union agency fees. In its 5-4 decision, the court ruled that being required to give any financial support to a union violates employees' rights under the First Amendment to the United States Constitution. With Janus, the high court overturned the precedent established in Abood v. Detroit Board of Education that had permitted public-sector unions to collect agency fees to support non-political activities such as collective bargaining efforts and administrative work.[1][2]
In anticipation of and in response to this ruling, bills relating to public-sector employee unions were introduced in state legislatures across the United States. This article provides general information on public-sector unions and relevant legislation in Arizona.
Background
Generally, members of an employee union pay fees to that union. These fees support the union's activities, which can include collective bargaining and contract administration, as well as political activities, such as lobbying. Some public-sector employees do not wish to join a union, and some are opposed to unions' political activities. In 1977, the Supreme Court of the United States ruled, in Abood v. Detroit Board of Education, that employees cannot be required to give financial support to a union's political activities. However, the court found that it was not a violation of employees' rights under the First Amendment to the United States Constitution to require them to pay fees to support union activities from which they benefit, such as collective bargaining. This ruling was overturned by Janus, which held that such fees are not constitutional.[3]
Relevant legislation in Arizona
This legislation tracking project has been archived. Click here to view public-sector union legislation introduced from 2018 to 2023.
Noteworthy events
Public employers prohibited from spending public funds on union activities (2022)
On April 6, 2022, Arizona Gov. Doug Ducey (R) signed Senate Bill 1166, a bill prohibiting public employers from spending public funds on a union’s political or lobbying activities and prohibiting contracts with allowances for public employees to be compensated for time spent on union activities.
Republican-sponsored Senate Bill 1166 stipulated that public employers "may not spend public monies for union activities" and "may not enter into an employment contract with a public employee to engage in union activities or provide paid leave or any form of compensation for the purposes of engaging in union activities."[4] The bill defined union activities as "political activities performed by a union that involve advocating for the election or defeat of any political candidate" and "lobbying activities performed by a union that involve attempting to influence the passage or defeat of federal or state legislation, local ordinances or any ballot measure."[4] Lawmakers wrote that the bill was intended to "restrict the use of public monies to public purposes and to prevent the diversion of public monies and public employees to private purposes."[4]
The bill excluded police officers and firefighters from its definition of public employee.[4]
See also
Select a state on the map below to read more about public-sector employee union legislation in that state.
Footnotes
- ↑ SCOTUSblog, "Janus v. American Federation of State, County, and Municipal Employees, Council 31," accessed May 9, 2018
- ↑ Supreme Court of the United States, "Janus v. American Federation of State, County, and Municipal Employees: Opinion," June 27, 2018
- ↑ Oyez, "Abood v. Detroit Board of Education," accessed May 9, 2018
- ↑ 4.0 4.1 4.2 4.3 Arizona State Legislature, "Senate Bill 1166," April 6, 2022
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