Union Station: July 6, 2018

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It has been more than a week since the Supreme Court of the United States 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. Legislators, public officials, unions, and activist groups are taking action in response to the court’s decision.

• Nationwide:
  • On July 3, Raymond LaJeunesse, vice president of the National Right to Work Legal Defense Foundation, sent letters to officials in 21 of 22 states without right-to-work laws, requesting they immediately stop collecting agency fees from non-members. LaJeunesse said if states fail to comply with Janus, "Foundation staff attorneys will bring a civil rights action seeking class-wide injunctive relief and attorneys' fees for any nonmember state employees who request their assistance." (Source: National Right to Work Legal Defense Foundation)
• California:
  • 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. Plaintiff Scott Wilford said, "This lawsuit will enable teachers like me to recover the agency fees that we were wrongly forced to pay against our will." Randi Weingarten, president of the American Federation of Teachers, characterized the lawsuit as a "bid to ensure workers must fend for themselves and not have the opportunity to live a better life." (Source: Education Week)
• New Hampshire:
  • On July 5, New Hampshire Governor Chris Sununu (R) and State Employees' Association (SEA) President Rich Gulla sent a joint notice to employees announcing the cessation of agency fee deductions. "The SEA and the State agree that, going forward, the union will not deduct agency fees from employee paychecks. Deductions for full members, who have opted into union membership, are unaffected by the decision and dues shall continue to be deducted from their paychecks." (Source: Concord Monitor)
• New York:
  • On July 2, New York Assemblyman Richard Gottfried (D) circulated a memo among fellow assembly members announcing his intention to introduce legislation that would permit unions to include collective bargaining costs in contracts with government agencies. Gottfried said, "I would call it a workaround. I don't think there's a lot of logic to the Janus decision to start with, but New York state — in our Constitution and law — has long recognized that public employees have the right to collectively bargain." Ken Girardin, a policy analyst for the Empire Center, said the proposal “would be terrible policy on a number of levels. You could be talking about $400, $500, $600 per worker per year. It's coming to come out of someone's pockets and be handed over to the union. The practice would be indefensible." (Source: The New York Post)
  • Also July 2, State Comptroller Thomas DiNapoli announced that, beginning with July pay periods, the state would stop deducting agency fees from non-members' paychecks. (Source: The New York Post)
  • On July 3, the Empire Center sent approximately 1,700 letters to municipal government employers informing them of their obligation to stop collecting agency fees from non-members. Tim Hoefer, the group's executive director, said, "The language of the decision is not ambiguous. Agency fees must end." (Source: Business Journal News Network)

The big picture

Number of relevant bills by state

As of July 6, 2018, we are tracking 196 pieces of legislation dealing with public sector employee union policy. No new bills were added 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

The following major legislative actions occurred in the last week:

• Three bills were enacted:
  • California SB866
  • Rhode Island H7377 and S2158

Below is a complete list of legislative actions on relevant bills in the past week. Bills are listed first by state and then by bill number. Because some state bill tracking systems are not updated in real time, some action may have occurred more than a week ago.

• California AB1937: California law authorizes some public sector labor unions to request payroll deductions for union fees and dues. This bill would extend that authority to public sector labor unions representing employees of the Regents of the University of California, the Judicial Council, counties, cities, and public authorities.
  • The bill will be considered at a Senate Appropriations Committee hearing Aug. 6.
• California AB2017: This bill would expand the definition of "public employer," in the context of the state's labor laws, to include employers of excluded supervisory employees and the Judicial Council not already covered by existing laws. The bill would also prohibit public employers from discouraging prospective employees from becoming union members.
  • The bill will be considered at a Senate Appropriations Committee hearing Aug. 6.
• California AB2049: This bill would authorize school districts and community colleges to rely on labor unions when determining whether a request to discontinue payroll deductions for union dues is in conformity with the requirements established in the initial payroll deduction authorization.
  • The bill will be considered at a Senate Appropriations Committee hearing Aug. 6.
• 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.
  • The bill will be considered at a Senate Appropriations Committee hearing on Aug. 6.
• 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.
  • The bill will be considered at a Senate Appropriations Committee hearing on Aug. 6.
• California SB866: This bill will extend public sector union provisions to employees of the Regents of the University of California, the Judicial Council, counties, cities, and public authorities, authorizing unions to request payroll deductions for employee fees and dues.
  • Governor Jerry Brown (D) signed this bill into law June 27.
• Rhode Island H7377: This bill will authorize municipal police unions to decline to represent employees in grievance/arbitration proceedings if those employees are not members of the collective bargaining unit within 90 days of the event precipitating grievance/arbitration proceedings.
  • Governor Gina Raimondo (D) signed this bill into law July 2.
• Rhode Island S2158: This bill, which is similar to H7377, will authorize municipal police unions to decline to represent employees in grievance/arbitration proceedings if those employees are not members of the collective bargaining unit within 90 days of the event precipitating grievance/arbitration proceedings.
• Governor Gina Raimondo (D) signed this bill into law July 2.

See also

• Public sector union policy in the United States