Union Station: May 25, 2018

Get Union Station: Ballotpedia's weekly deep dive on public-sector union policy

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According to the Bureau of Labor Statistics, unions represented nearly 8 million public sector workers in 2017 -- 37.9 percent of the total public sector workforce. Of this total, 7.2 million were union members; the remaining employees were non-members represented by unions. Conversely, unions represented 7.3 percent of private sector workers. The high rate of public sector unionization gives those unions considerable political influence at the local, state, and federal levels.

The Supreme Court of the United States is poised to issue a decision in Janus v. American Federation of State, County, and Municipal Employees (Janus v. AFSCME), a case challenging the constitutionality of public sector employee union agency fees (i.e., fees required of non-members to cover the costs of non-political union activities).

Agency fee opponents say requiring such fees violates individual worker’s First Amendment associational rights. Fee proponents argue they are necessary to support the costs associated with representing non-members.

In anticipation of this ruling, state legislatures have begun considering bills relating to public sector employee unions. In this newsletter, Ballotpedia will track those bills, highlight national legislative trends, and provide a sampling of commentary surrounding the subject.

What people are saying

In opposition to Janus:

“	The legality of 'fair share' laws — which currently affect 5 million teachers, firefighters, nurses and other public sector workers in 23 states and the District of Columbia — was established by the court more than four decades ago. Ever since, a network of well-funded interests has sought ways to reduce worker earnings by weakening the bargaining power of employees. Setting aside the income inequality that such an agenda accelerates, these interests have also had some success in convincing several Midwestern states to eliminate their fair-share fee payer laws. In Janus, a right-leaning Supreme Court is expected by one vote to nullify the laws of those 23 states, which could invalidate wording in thousands of state and municipal contracts. The change would be an extraordinary act of judicial lawmaking irreconcilable with conservative principles that publicly shame 'judicial activism'.	”
—Robert Bruno, in an op-ed for The Chicago Tribune (May 21, 2018)

In favor of Janus:

“	Organized labor has a real problem, and the movement’s leaders seem to understand that. Government workers make up a growing percentage of union members; public-sector union membership has grown by about 500,000 since 1997, while private-sector union membership has fallen by 1.7 million. There are five times as many private-sector employees as government employees, yet union membership is almost identical in the two sectors. Having lost the private sector, unions are now circling the wagons around government employees. But, as the unions themselves admit, hundreds of thousands of those employees don’t want to be hemmed in. All the potentially negative side-effects of Janus bemoaned by organized labor could be avoided if the unions would simply provide value to members, listen to them and give them a compelling reason to stay.	”
—Akash Chougule, in an op-ed for The New York Post (May 21, 2018)

The big picture

Number of relevant bills by state

As of May 25, 2018, we have tracked 193 pieces of current 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 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

Since last week, the following major legislative actions occurred:

• One bill was enacted
  • Connecticut: HB05177
• Two bills cleared an upper chamber
  • Illinois: HB0126, HB4742

Below is a complete list of actions taken by legislatures on relevant bills over the course of the past week. Bills are listed in alphabetical order, first by state and then by bill number. Note that some action dates may have occurred more than a week ago. This is due to the fact that state-specific legislative tracking mechanisms are sometimes not updated in real-time.

• California AB1937: This will would "authorize employee organizations [for employees of the Regents of the University of California, the Judicial council, counties, cities, and public authorities, including transit districts] and bona fide associates to request payroll deductions and would require public employers to honor these requests."
  • On May 25, 2018, the bill was scheduled to be considered during an Appropriations Committee hearing.
• 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.
  • On May 25, 2018, the bill was scheduled to be considered during an Appropriations Committee hearing.
• California SB1085: This bill would require public employers "to grant reasonable leaves of absence without loss of compensation or other benefits for the purpose of enabling employees to serve as stewards or officers" of an employee organization.
  • On May 17, 2018, this bill was referred to the Assembly Committee on Public Employees, Retirement, and Social Security. The legislation has already cleared the Senate.
• Connecticut HB05177: This bill requires a public agency, upon receiving a permissible request for public employee personnel files, to first disclose the requested information to the person making the request and then to notify the employee concerned and the employee's collective bargaining agent.
  • On May 22, 2018, this bill was enacted into law.
• Illinois HB0126: This bill would amend the Illinois Public Labor Relations Act to modify the definition of "firefighter" to include paramedics employed by local governments.
  • On May 22, 2018, this legislation cleared the Senate. The House approved the bill in April.
• 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. The provisions of this bill are similar to those of SB2838.
  • On May 24, 2018, this bill cleared the Senate. The House approved the bill in April.
• Illinois SB2838: 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. The provisions of this bill are similar to those of HB4742.
  • On May 21, 2018, this bill was placed on the calendar for a third reading in the House. The legislation has already cleared the Senate.

See also

• Public sector union policy in the United States