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Public-sector union policy in Oklahoma
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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 Oklahoma.
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 Oklahoma
This legislation tracking project has been archived. Click here to view public-sector union legislation introduced from 2018 to 2023.
Noteworthy events
Gov. Kevin Stitt issues executive order on teachers’ union payroll deduction authorizations (2022)
On August 19, 2022, Gov. Kevin Stitt (R) issued an executive order "[urging] the State Board of Education to take action to ensure that payroll deductions meet the requirements of state and federal law and that school district employees are fully informed of their First Amendment rights."[4]
The order quoted Article XXIII, § 1A(C) of the state constitution, which said: "It shall be unlawful to deduct from the wages, earnings, or compensation of an employee any union dues, fees, assessments, or other charges to be held for, transferred to, or paid over to a labor organization unless the employee has first authorized such deduction."[5]
After discussing earlier case law and citing the U.S. Supreme Court's 2018 ruling in Janus v. AFSCME, Stitt wrote:[6]
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I, J. Kevin Stitt, Governor of the State of Oklahoma, … hereby urge the Oklahoma State Board of Education (SBOE) … to take action to the fullest extent permitted by applicable law to ensure that employee organization payroll deductions meet the requirements of state and federal law and that school district employees are fully informed of their First Amendment rights—including their right to refuse to pay employee organization dues as well as their right not to associate with the employee organization. I further urge the SBOE to make certain that the requirements of state and federal law regarding school district employees’ First Amendment rights are satisfied annually.[7] |
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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
- ↑ Oklahoma.gov, "Governor Stitt Issues EO to Protect Teachers’ First Amendment Rights and Stand Up to Teacher Unions,"
- ↑ Oklahoma State Courts Network, "Oklahoma Constitution: Section Article 23 section 1A - Participation in labor organization as condition of employment prohibited," accessed January 18, 2023
- ↑ Oklahoma Secretary of State, "Executive Order 2022-18," August 19, 2022
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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