Union Station: August 31, 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 legislation in California aiming to prevent public employees from suing state employers over agency fees paid to unions before Janus.

This week, the California State Legislature approved SB846. If enacted, the bill would protect public employers and public sector unions from liability under state law for any legal claims involving agency fees paid to unions before June 27, 2018, the date of the Janus ruling. The bill would also deny standing to current and former employees pursuing such claims.

• History: The bill was introduced Jan. 10, when its subject was enacting statutory changes to the state's 2018 budget act. The Senate approved this version of the bill May 3. On June 12, the Assembly amended SB846, turning it into a public safety omnibus bill. On Aug. 14, the Assembly amended the bill again, turning it into a state employment bill. On Aug. 24, the bill was amended for a final time, taking its current form. The Assembly approved the bill 56 to 24 on Aug. 29. The Senate followed suit Aug. 30, approving the amended bill 27 to 10, with three members not voting. The bill must be signed by Gov. Jerry Brown (D) before becoming law.
• Legal context: Post-Janus, current and/or former California public employees have filed at least two lawsuits seeking repayment of previously paid agency fees. SB846 would apply to these pending claims, calling their future into question.
  • On July 2, seven non-union California teachers who were required to pay agency fees filed a class-action lawsuit in U.S. District Court seeking repayment of fees previously paid to their union.
  • 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 a federal appeals court to order SEIU Local 1000 to refund approximately $100 million in agency fees.
• Perspectives:
  • Regarding Hamidi, National Right to Work Foundation president Mark Mix said, "Around the country, the effect of the Janus decision is just starting to be felt. Thanks to this landmark ruling, tens of thousands of California government employees are now a step closer to finally receiving recompense for years of being forced to hand over their hard-earned money to an SEIU union they choose not to join."
  • In response to Hamidi, SEIU 1000 chief counsel Anne Giese said, "This lawsuit and similar lawsuits around the country are the next phase of a coordinated and malicious effort to cripple unions and the rights of American working people. Local 1000 has always been, and continues to be, dedicated to adhering to any and all legal requirements including those handed down by the courts while vigorously working to protect the rights of our members."

What we've been reading:

• Governing, "Why Unions' Supreme Court Loss May Not Be as Bad as It Seems," September 2018
• The Journal News, "Unions face an uncertain future, even in labor-friendly New York," Aug. 30, 2018
• Associations Now, "Teachers Group Looks to Expand Membership After Supreme Court Ruling," Aug. 29, 2018
• The Oregonian, "Janus lawyers threaten lawsuit over union dues in Oregon," Aug. 28, 2018
• Chicago Sun-Times, "Two months after ruling, unions still assessing impact of Janus case," Aug. 26, 2018

The big picture

States in session: As of Aug. 31, only California’s legislature is in regular session. Legislatures in Maine and Virginia are in special session. The remaining state legislatures are either adjourned or in recess.

Number of relevant bills by state

As of Aug. 31, we are tracking 198 pieces of legislation dealing with public sector employee union policy. Two 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 AB1833: This bill would protect public employers from liability for any legal claims involving agency fees paid to unions before June 27, 2018. This bill would also deny standing to current or former employees pursuing such claims. The bill's provisions would apply to any pending litigation. This bill is substantively identical to SB846.
  • On Aug. 30, the bill was ordered to the inactive file at the request of Sen. Holly Mitchell (D).
• California SB846: This bill would protect public employers from liability for any legal claims involving agency fees paid to unions before June 27, 2018. This bill would also deny standing to current or former employees pursuing such claims. The bill's provisions would apply to any pending litigation. This bill is substantively identical to AB1833.
  • On Aug. 30, the Senate approved the bill as amended by the state Assembly. Gov. Jerry Brown (D) must sign the bill before it becomes law.
• 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. 29, the Senate approved the bill as amended by the state Assembly. Gov. Jerry Brown (D) must sign the bill before it becomes law.

See also

• Public sector union policy in the United States