Union Station: August 17, 2018

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On June 27, the Supreme Court issued its 5-4 ruling in Janus v. American Federation of State, County, and Municipal Employees (Janus). The court ruled that public sector unions cannot require non-member employees to pay agency fees to cover the costs of non-political union activities. How are state attorneys general, generally responsible for providing legal advice to the states and enforcing state laws, responding to Janus?

Post-Janus, non-union public employees have filed several lawsuits in a bid to recover agency fees previously paid to unions. These are detailed below:

California:

• On July 2, seven non-union California teachers who were required to pay agency fees filed a class-action lawsuit in federal district court seeking a refund of those fees. (Source: Education Week)
• On June 27, the National Right to Work Foundation attached a new court filing to an existing class-action lawsuit, Hamidi et al. v. SEIU Local 1000, which asked that a federal appeals court order SEIU Local 1000 to refund approximately $100 million paid to the union in agency fees. (Sources: The Sacramento Bee, National Right to Work Legal Defense Foundation)

Illinois:

• On Aug. 12, The Washington Times reported that Mark Janus, the former Illinois state employee who initiated the Janus suit, had asked that the state repay him approximately $2,000 in previously paid agency fees. (Source: The Washington Times)
• On June 28, in light of the Janus ruling, the Supreme Court of the United States ordered an appeals court to reconsider its decision in Riffey v. Rauner, a suit in which Illinois healthcare workers sought recompense for approximately $32 million paid in agency fees. In 2017, the appeals court affirmed a district court decision finding that the plaintiffs could not proceed with a class-action suit, requiring the plaintiffs to file individual lawsuits. (Sources: Washington Examiner, Route Fifty)

Oregon:

• On July 30, attorneys for Debora Nearman, an Oregon state employee who had sued to recover previously paid agency fees, announced that she had reached a settlement with the SEIU Local 503. As a result, she received approximately $3,000 in restitution, the maximum amount permitted under Oregon's statute of limitations for claims brought due to civil rights violations. (Source: WTOP)

Washington:

• On July 3, the Freedom Foundation filed a class-action lawsuit in federal district court seeking restitution for agency fees collected from non-union workers prior to Janus. The suit named the state and the SEIU as defendants. (Sources: The Seattle Times, Washington Examiner)

What we've been reading:

• Politico Magazine, "For Unions, A ‘Which Side Are You On’ Moment," August 14, 2018
• Illinois Policy, "New Jersey School District Stops Deducting Unconstitutional Union Fees From All Employees," August 14, 2018
• The 74, "Rotherham: What Will Teachers Unions Look Like After the Supreme Court’s Janus Decision? Expect Them to Be Smaller but More Political & Hard-Core," August 12, 2018
• Lexology, "The fallout from Janus continues - Pennsylvania introduces bill that would allow non-union public-sector employees to participate in strike votes," August 10, 2018

The big picture

States in session: As of Aug. 17, three states' legislatures are in regular session: California, Massachusetts, and Michigan. Four states' legislatures are in special session: Delaware, Maine, Virginia, and West Virginia. The remaining states' legislatures are either adjourned or in recess.

Number of relevant bills by state

As of Aug. 17, we are tracking 197 pieces of legislation dealing with public sector employee union policy. No new bills were tracked this week. On the map below, a darker shade of green indicates a greater number of relevant bills. Click the map for complete information.

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 in the past week. Bills are listed in alphabetical order, first by state and then by bill number. Because some state bill tracking systems are not updated in real time, some actions may have occurred more than a week ago.

• California AB2886: This bill would require employers and employees of the Orange County Transit District to present complaints of labor violations to the Public Employment Relations Board for adjudication.
  • On Aug. 16, this bill received a hearing in the Senate Appropriations Committee.
• California AB3034: This bill would give employees of supervisory units of the San Francisco Bay Area Rapid Transit District the right to form and join unions.
  • On Aug. 16, this bill received a hearing in the Senate Appropriations Committee.
• California SB1085: This bill would require public employers to grant leaves of absence without loss of pay or benefits to employees who serve as stewards or officers of an employee organization.
  • On Aug. 9, the bill was read for a second time in the Assembly and ordered to a third reading. The bill cleared the state Senate on May 10.
• Illinois HB4742: This bill would prohibit a school district from using a recruiting firm to hire substitute teachers in the event of a teachers' strike. This bill would also permit a substitute teacher recruiting firm to enter into an agreement with a labor organization that has a collective bargaining agreement with a school district.
  • On Aug. 13, Gov. Bruce Rauner (R) signed this bill into law.

See also

• Public sector union policy in the United States