Union Station: April 19, 2019

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Welcome to Union Station, our weekly newsletter that keeps you abreast of the legislation, national trends, and public debate surrounding public-sector union policy. This week, we shine a spotlight on Washington, where the Legislature recently approved a Janus response bill.

State spotlight: Washington legislature approves Janus response bill

On April 18, the Washington House of Representatives approved an amended version of HB1575, which the Washington State Senate adopted on April 12. This bill would declare public employers and public-sector unions are not liable for claims involving agency fees paid to unions prior to Janus. It would repeal statutes requiring employees to join unions or pay dues as a condition of employment. It would also amend dues deduction authorization laws, allowing authorizations to be initiated via electronic, voice, or written communications. A written request to the union would be required to discontinue dues deductions.

• How did the two chambers vote, and what comes next? The House voted 56-38, and the Senate voted 25-21. The votes in both chambers split largely along party lines, with most Democrats voting in favor of the bill and most Republicans voting against it. The bill now goes to Governor [Jay Inslee] (D).
• What are the reactions?
  • Sen. Rebecca Saldana (D) supports the bill: "It is a bill that aligns our current statutes with the Janus decision and clearly defines the relationship between the union and the employee."
  • The Washington State Labor Council (AFL-CIO) praised the bill: "The Washington State Senate on Friday approved landmark collective bargaining legislation that brings state laws into compliance with last year’s Janus decision by the U.S. Supreme Court and provides clarity and consistency for public employee union membership in Washington state."
  • Sen. Curtis King (R) criticized the bill with respect to its position on Janus: "The Janus ruling was not an anti-union decision, it was a ruling about rights, it was a ruling about freedom. It said the individual can decide what they want to do. You cannot be forced to join a union to get a public job. It’s about freedom. That’s all it was about."
  • Maxford Nelsen, the Freedom Foundation’s director of labor policy, also criticized the legislation: "Union-backed lawmakers in Olympia are establishing quite a track record of passing illegal and unconstitutional laws to benefit their political allies at the expense of public employees’ civil liberties."
• More about Janus v. AFSCME: On June 27, 2018, the U.S. Supreme Court ruled that public sector unions cannot require non-member employees to pay fees covering the costs of non-political union activities. This overturned precedent established in the 1977 case Abood v. Detroit Board of Education.

The big picture

Number of relevant bills by state

We are currently tracking 93 pieces of legislation dealing with public-sector employee union policy. On the map below, a darker shade of green indicates a greater number of relevant bills. Click here for a complete list of all the bills we're tracking.

Number of relevant bills by current legislative status

Number of relevant bills by partisan status of sponsor(s)

Recent legislative actions

Below is a complete list of legislative actions on relevant bills since the beginning of the year. Bills are listed in alphabetical order, first by state and then by bill number.

• Delaware SB8: This bill would establish compensation as a mandatory subject of collective bargaining efforts.
  • House approved April 18. Senate approved March 26.
• Maine LD900: This bill authorizes certain classes of public-sector employees to strike.
  • Labor and Housing Committee hearing April 17.
• Maine LD1451: This bill would grant collective bargaining agents greater access to employees and employee information. This bill would also authorize unions to use government buildings for meetings.
  • Labor and Housing Committee hearing April 17.
• Nevada SB135: This bill would provide for collective bargaining rights for state employees.
  • Referred to Finance Committee April 17.
• New Hampshire SB249: This bill would classify the state Legislature as a public employer under the state's labor laws.
  • House Legislative Administration Committee hearing April 18.
• New Hampshire SB18: This bill would allow public employees to authorize voluntary wage deductions for insurance or employee benefits offered in conjunction with the employees' membership in a recognized union.
  • House Labor, Industrial, and Rehabilitative Services executive session April 17.
• Oregon HB2016: This bill would require public employers to grant paid time to employees participating in certain union activities. It would also require employers to furnish unions with access to employees.
  • Senate Workforce Committee hearing April 18.
• Oregon HB3009: This bill would require public employers to provide unions with access to new employees. It would also permit individuals who are not members to make payments in lieu of dues to unions.
  • Referred to Senate Workforce Committee April 16.
• Washington HB1575: This bill would declare that public employers and public-sector unions are not liable for claims involving agency fees paid to unions prior to Janus. It would repeal statutes requiring employees to join unions or pay dues as a condition of employment. It would also amend dues deduction authorization laws, allowing authorizations to be initiated via electronic, voice, or written communication. A written request to the union would be required to discontinue dues deductions.
  • House concurred in Senate amendments April 18.

See also

• Public sector union policy in the United States