Union Station: August 24, 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?

Most state legislatures are either in recess or have adjourned for the year. This week, we take a closer look at one lawsuit filed in response to Janus.

Earlier this month, University of Maine at Machias professor Jonathan Reisman filed suit in U.S. District Court against his union, the Associated Faculties of the University of Maine, the university, and the university system board of trustees. Reisman alleges Janus gives employees the right not to be represented by unions whose political stances they do not share. Reisman also says designating one union to serve as employees' exclusive representative violates Janus by restricting individual employees from negotiating directly with their employers. Reisman asked U.S. District Judge Jon Levy to issue a preliminary injunction barring the union from representing non-members. (Source: Bangor Daily News)

• Reisman noted in a court filing he opposes the following union political stances:
  • The union's opposition to Gov. Paul LePage's election in 2010 and 2014
  • The union's support of referenda to raise the minimum wage and to impose a 3 percent surtax on high-income households
  • The union's opposition to school choice and charter school initiatives.
• James Thelen, general counsel for the University of Maine system, a named defendant in the suit, said, "We've noted … that there are no allegations that the university acted unlawfully. Instead, the plaintiff asserts that the university system is following state labor relations law that he claims to be unconstitutional. That's a matter for the federal courts to decide."

What we've been reading:

• Elwood City Ledger, "GOP state rep’s bill would let public employees leave unions at any time," Aug. 23, 2018
• Illinois Policy, "Hundreds of Educators Stop Paying Dues to Chicago Teachers Union Following Janus Decision," Aug. 23, 2018
• The Sacramento Bee, "Another lawsuit demands California unions return fair share fees to government workers," Aug. 22, 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. 24, 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. 21, the bill cleared the Senate. It passed the Assembly in May.
• 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. 17, the bill was read a second time in the Senate and ordered to a third reading. It passed the Assembly in May.
• 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. 20, the bill was ordered to a third reading in the Assembly. The bill passed the Senate in May.

See also

• Public sector union policy in the United States