Union Station: February 8, 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 take a closer look at an Illinois lawsuit involving mandatory union representation of non-members.

Federal judge allows suit over mandatory union representation of non-members to proceed

On Feb. 6, U.S. District Court Judge Sharon Johnson Coleman denied the defendants' motion to dismiss in Sweeney v. Madigan. The case will proceed. (Source: Cook County Record)

• Who are the parties to the suit? The plaintiffs are the International Union of Operating Engineers, Local 150, AFL-CIO, and its president, James M. Sweeney. The defendants are Lisa Madigan (D), state attorney general, and Kimberly Stevens, executive director of the state labor relations board.
• What is at issue? The plaintiffs allege a provision of the Illinois Public Labor Relations Act requiring unions to represent non-members without allowing unions to collect agency fees in return violates their First and Fifth Amendment rights. The defendants argue this claim was brought prematurely because the union had not yet been required to represent any non-members. Judge Coleman dismissed this argument in her Feb. 6 order, writing the "plaintiffs' alleged injury is … far from speculative."
• Relevant legislative activity: Bills that would exempt public-sector unions from the requirement to represent non-members in collective bargaining negotiations, grievance proceedings, etc. have been introduced in the following states in 2019:
  • Hawaii: HB862, SB1147
  • Maryland: SB587
  • Oregon: HB2775

The big picture

Number of relevant bills by state

So far this year, we have tracked 62 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.

• California AB378: This bill would enable family child care providers to form, join, and participate in unions. This bill would permit the state to enter into agreements with such unions that authorize payroll deductions for dues and other voluntary payments.
  • Introduced Feb. 5.
• Florida S0698: This bill would repeal a requirement that school districts and collective bargaining units negotiate specified memoranda of understanding. It would also repeal a requirement that unions include specific information in their applications for renewal of registration.
  • Introduced Feb. 4.
• Illinois HB2113: This bill would remove language from state statutes requiring public employees who are not union members to pay agency fees. It would also authorize employees to bargain independently with employers.
  • Introduced and referred to Rules Committee Feb. 6.
• Kentucky HB261: This bill would repeal state laws prohibiting public employees from forming unions or participating in organized labor activities.
  • Introduced Feb. 6.
• Maryland SB587: This bill would exempt unions from representing non-members in grievance or contractual proceedings.
  • Introduced and referred to Finance Committee Feb. 4.
• Montana HB323: This bill would prohibit employers from requiring employees to become or remain union members as a condition of employment. It would also disallow payroll deductions for non-member fees paid to unions.
  • Hearing before the Business and Labor Committee Feb. 5.
• Nevada AB108: This bill would require public employers to provide unions with access to new employee orientations.
  • Read for the first time and sent to Government Affairs Committee Feb. 4.
• New Hampshire HB622: This bill would prohibit collective bargaining agreements requiring employees to join or contribute to a union.
  • Hearing before the Labor, Industrial, and Rehabilitative Services Committee Feb. 7
• New Hampshire SB249: This bill would classify the state Legislature as a public employer under the state's labor laws.
  • Reported "ought to pass" by Commerce Committee Feb. 5.
• New York S01165: This bill would require the Niagara Frontier Transportation Authority, the Rochester-Genesee Regional Transportation Authority, the Capital District Transportation Authority and the Central New York Regional Transportation Authority and their employees to submit all unresolvable contract negotiations to binding arbitration.
  • Referred to Finance Committee Feb. 4.
• Oklahoma HB1946: This bill would require school districts to hold certification elections for labor organizations. It would also prohibit districts from making payroll deductions for labor organizations that collectively bargain on behalf of their members.
  • Referred to Judiciary Committee Feb. 5.
• Oklahoma HB2208: This bill would require school districts to hold certification elections for labor organizations.
  • Referred to Common Education Committee Feb. 5.
• Oklahoma HB2214: This bill would prohibit school employees from striking during collective bargaining negotiations.
  • Referred to Common Education Committee Feb. 5.
• Oklahoma SB587: This bill would prohibit school districts from making payroll deductions for contributions to political organizations.
  • Referred to Finance Committee Feb. 5.
• Oklahoma SB707: This bill would require school districts to hold certification elections for labor organizations.
  • Referred to Education Committee Feb. 5.
• Rhode Island H5259: This bill would authorize unions to impose fees on non-members for administrative matters.
  • Hearing before the Labor Committee Feb. 6.
• Washington HB1575: This bill would declare that public employers and public-sector unions are not liable for claims involving agency fees paid to unions before Janus.
  • Scheduled for executive session of Labor and Workplace Standards Committee Feb. 7.
• Washington HB1845: This bill would establish that payroll deduction authorizations must be made directly by employees to employers on at least a bi-annual basis.
  • Introduced and referred to Labor and Workplace Standards Committee Feb. 1.

See also

• Public sector union policy in the United States