Union Station: April 9, 2021

April 9, 2021

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May 1st ballot measures would repeal local authority for collective bargaining

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Welcome to Union Station

April 9, 2021

Welcome to Union Station, our weekly newsletter that keeps you abreast of the legislation, national trends, and public debate surrounding public-sector union policy.

 

 

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San Antonio police collective bargaining repeal initiative on the ballot May 1

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On May 1, San Antonians will vote on Proposition B, a ballot measure that would repeal local authority for collective bargaining with the San Antonio Police Officers Association (SAPOA). Currently, collective bargaining can be pursued when an employees association represents a majority of the city's police officers.

What is at issue

Under Chapter 174 of the state local government code, cities can negotiate with police and firefighter unions through collective bargaining to determine compensation, hours, and other conditions of employment. Chapter 174 allows local governments to repeal the adoption of the chapter and void its provisions for that municipality through a qualified ballot measure. 

The organization Fix SAPD sponsored the repeal initiative. Fix SAPD says it “supports community-led policing, which can only happen by clearing out legislation that prevents holding police officers accountable.” 

In San Antonio, citizens can place a ballot measure on the ballot through an indirect initiative petition signed by at least 10% of the city’s qualified voters as of the last regular election. The required number of signatures for 2021 is 20,282. If enough valid signatures are submitted, the city council then votes on the initiative. The city council can enact the measure or put it on the ballot. 

On Jan. 8, supporters submitted more than 28,000 signatures to city clerk Tina Flores. On Feb. 4, Flores announced the campaign had submitted the required number of valid signatures and the measure had qualified for the May ballot. The San Antonio City Council voted to certify the initiative for the ballot on Feb. 11.

The ballot question says: 

Shall the adoption of the state law applicable to City of San Antonio police officers that  establishes collective bargaining if a majority of the affected employees favor  representation by an employees association, preserves the prohibition against strikes and  lockouts, and provides penalties for strikes and lockouts be repealed?

Support and opposition

Fix SAPD board member James Dykman said, “This is the first step to stronger police accountability in our community. The police association has had too much leverage in negotiations with the city for too long. Under a new system of Meet and Confer, police oversight could sit outside the purview of contract negotiations between the City and the local police association. We could have strong pay and benefits for officers, while protecting citizens and holding bad officers accountable.” (Meet and confer is an alternative to collective bargaining where there is no requirement that a city and police union reach an agreement regarding wages, benefits, and other working conditions.)

In a Feb. 4 press release, SAPOA said it “plans on working hard between now and election day to inform voters about how important collective bargaining (Chapter 174) is to recruiting top-notch police officers who will keep our neighborhoods safe and to ensuring the Police Chief and the City continue to have flexibility in hiring, promotions, discipline, and boosting diversity within the Department.”

What would happen next

The city council voted 9-2 in 2016 to approve the current contract. Contract negotiations to replace SAPOA’s 2016 contract, which expires in September, began in February. If the union and the city reach an agreement before the election, the repeal of Chapter 174 would take effect after the new contract expires.

 

 

 

 

 

What We're Reading

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• Wall Street Journal, “Woman Versus the Union Machine,” April 7, 2021
   
• City & State, “Labor hasn’t found its NYC mayoral candidate yet,” April 5, 2021
   
• Politico, “Unions demand Biden cancel student debt for public service workers,” April 1, 2021

 

 

 

 

The Big Picture

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Number of relevant bills by state

We are currently tracking 88 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

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Below is a complete list of relevant legislative actions taken since our last issue. 

• Arkansas SB341: This bill would prohibit collective bargaining on the part of public-sector employees. 
  • Republican sponsorship.
  • Delivered to the governor April 6. 
     
• Connecticut SB00908: This bill would require public employers to furnish unions with personal contact information of employees belonging to the bargaining unit the union represents. It would also require employers to grant unions access to new employee orientations.   
  • Legislative Commissioners’ Office reported favorably April 6.
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• Florida H0835: This bill would require that unions certified as bargaining agents for educational support employees include certain information in registration renewal applications. The bill would also require such unions whose full dues-paying membership is less than 50 percent to petition the state for recertification.  
  • Republican sponsorship. 
  • First reading of committee substitute April 5. 
     
• Florida S0078: This bill would require that public employees sign membership authorization cards in order to have dues deducted from their paychecks. It would also require a union to revoke that membership upon the employee's request.
  • Republican sponsorship. 
  • Senate Rules Committee hearing April 6.
      
• Florida S1014: This bill would require that unions certified as bargaining agents for educational support employees include certain information in registration renewal applications. The bill would also require such unions whose full dues-paying membership is less than 50 percent to petition the state for recertification. 
  • Republican sponsorship.
  • Senate Rules Committee hearing April 6. 
     
• Indiana SB0251: This bill would establish that a school employee can leave a union at any time. It would also require an employee to annually authorize any payroll deductions of union dues.
  • Republican sponsorship.
  • House amendment defeated April 5. Bill passed House April 6. 
     
• Maine LD52: This bill would allow educational policies related to preparation and planning time and transfer of teachers to be subjects of collective bargaining negotiations.
  • Democratic sponsorship. 
  • Education and Cultural Affairs Committee hearing April 7. 
     
• Maryland SB9: This bill would make revisions to the collective bargaining process for employees of the University System of Maryland.
  • Democratic sponsorship. 
  • House passed April 5.   
     
• Nevada SB373: This bill would authorize collective bargaining between state professional employers and professional employees. 
  • Senate Government Affairs Committee hearing April 7. 
     
• North Carolina S624: A proposed constitutional amendment that would prevent any employer from requiring employees to become or remain a member of a labor union as a condition of employment. 
  • Republican sponsorship.
  • Introduced April 6. 
     
• Oklahoma SB634: This bill would require annual authorizations for payroll dues deductions for school employees. 
  • Republican sponsorship. 
  • House Rules Committee hearing April 8. 
     
• Oregon HB3029: This bill would require the Employment Relations Board to develop procedures for authorizations designating bargaining unit representatives.
  • Democratic sponsorship. 
  • House Business and Labor Committee work session April 5. 
     
• Pennsylvania HB1117: This bill would allow public-sector employees to leave a union at any time. It would require union recertification elections every three years. It would also allow workers to represent themselves during contract negotiations.
  • Republican sponsorship. 
  • Referred to House Labor and Industry Committee April 7. 

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See also

• Public-sector union policy in the United States