Union Station: October 26, 2018

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

Email *

First Name

Please complete the Captcha above

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. This week, we shine a spotlight on Janus-related activity in Pennsylvania.

On Oct. 25, the Pennsylvania Senate Majority Policy Committee held a hearing to discuss the state legislature's response to Janus. The committee took up no specific legislation, but it did hear testimony from several interested parties and individuals, including Conservative Leaders for Education, the Mackinac Center for Public Policy, the Center for Individual Rights, and the Fairness Center. This hearing was the most recent in a series of legislative and court actions taken in the Keystone State in response to Janus. Here's the complete rundown:

• Legislative actions: Four bills related to Janus have been introduced in the Pennsylvania General Assembly since the ruling.
  • HB2571: This bill would require public employers to notify non-union members every payday that payments to unions are voluntary. It would also require public employers to notify new employees that union membership is not compulsory. The bill would prohibit public employers from making payroll deductions from non-union members for voluntary union payments. Rep. Kate Klunk (R) introduced the bill on July 30. It was referred to the Labor and Industry Committee.
  • HB2606: This bill would alter the union formation process to "allow for a simple card check where expressing majority support would be sufficient" to organize a union. The bill would also require employers to grant union representatives access to new employees so the representatives can provide information on union membership. Rep. Maureen Madden (D) introduced the bill Sept. 5. It was referred to the Labor and Industry Committee.
  • SB13: Similar in substance to HB2606, described above, Sen. Vincent Hughes (D) introduced this measure Oct. 4. It was referred to the Labor and Industry Committee.
  • SB1278: This bill would establish the right of public employees to bargain with their employers independently from recognized employee unions. The bill would require public employers to notify employees that they are under no legal obligation to provide financial support to unions. The bill would also prohibit future collective bargaining agreements from containing provisions restricting the period during which members can resign from a union. Sen. John Eichelberger Jr. (R) introduced the bill Oct. 25. It was referred to the Labor and Industry Committee.
• Court actions: We have tracked two post-Janus lawsuits originating in Pennsylvania.
  • Hartnett v. Pennsylvania State Education Association: On Oct. 9, a group of Pennsylvania public school teachers filed a motion in an ongoing case, Hartnett v. Pennsylvania State Education Association, arguing the Janus precedent should be applied to Hartnett. Plaintiffs filed suit in federal court 2017 against a state law authorizing public-sector unions to levy mandatory fees. The plaintiffs argue the portions of the law in question violate their First Amendment free speech and associational rights. (Source: Ellwood City Ledger)
  • On Sept. 26, Michael Mayer, a school bus driver for Pennsylvania's Wallingford-Swarthmore School District, sued his employer and his former union, Teamsters Local 312, in U.S. District Court for a refund of dues automatically deducted from his paycheck after he resigned from the union July 20. Mayer also argued Janus has rendered a state law limiting the time period during which a member can resign from a union unconstitutional. On Oct. 24, Mayer asked the court to reject a Teamsters request to dismiss the suit after the union agreed to refund an unspecified portion of Mayer's previously paid dues. (Sources: Law360, Reuters)

What we've been reading:

• Insider NJ, "Janus Decision Impact Likely Minimal in NJ: Union Growth to Continue," Oct. 24, 2018
• The 74, "Union Report Exclusive: Internal Report Shows NEA Losses of 17,000 Members and 87,000 Fee Payers Since Janus Decision," Oct. 24, 2018
• Lansing State Journal, "Right to Work group backs lawsuit against Michigan teachers union," Oct. 22, 2018
• San Jose Inside, "Councilman Raul Peralez Urges San Jose to Reaffirm Support for Unions in Wake of Janus Ruling," Oct. 22, 2018

The big picture

States in session: As of Oct. 26, state legislatures in Massachusetts, Ohio, and Virginia are in session or special session. The remaining state legislatures have either adjourned or are in recess.

Number of relevant bills by state

As of Oct. 26, we are tracking 202 pieces of legislation dealing with public-sector employee union policy. One new bill was tracked this week. 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)

See also

• Public sector union policy in the United States