Union Station: October 5, 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.

Most state legislatures have either adjourned for the year or are in recess. This week, we take a closer look at a new lawsuit filed in New Jersey, where a law limiting the period during which public-sector employees can resign from their unions is being challenged.

On Oct. 3, the Mackinac Center for Public Policy filed a lawsuit in federal district court challenging the constitutionality of New Jersey A3686, also known as the Workplace Democracy Act.

• What's at issue? Signed into law on May 18, A3686 restricts the period during which a public-sector employee can resign from his or her union to the 10-day window following his or her anniversary employment date. This is the provision that the Mackinac Center is challenging. As enacted, A3686 also requires employers to provide union representatives with access to employees and employee information, such as home addresses, phone numbers, email addresses, etc.
• Who are the parties to the suit? The Mackinac Center filed the suit on behalf of three New Jersey municipal employees: Terence Gaudlip, Michael Porter, and Michael Thulen, Jr. The suit names Governor Phil Murphy (D), Attorney General Gurbir Grewal (D), Lakewood Township, AFSCME, and New Jersey's Public Employment Relations Commission as defendants.
  • Patrick Wright, Vice President for Legal Affairs at the Mackinac Center, said, "Constitutional rights apply all year, not just during New Jersey’s 10 day window, which is arbitrary and restrictive. The Supreme Court’s Janus decision reaffirmed public workers’ First Amendment rights of free speech and association. The purpose of the New Jersey law is to stifle these rights even before they can be exercised." (Source: Mackinac Center for Public Policy)
  • Thulen, Jr., a former president of AFSCME Local 3790, said, "It should be much easier for people [to resign from a union]. I'm not an anti-union guy. But if you don't do your job, I shouldn't have to pay you. You're essentially paying for a service. If that service sucks or if that service is being poorly managed or poorly financially run, you're handcuffed." (Source: NJ.com)
  • Murphy and Grewal declined to comment on the suit at the time of its filing. After signing A3686 into law, Murphy said, "This bill promotes labor stability in the public sector by ensuring that employee organizations that are the exclusive representatives of public employees in collective negotiations are able to carry out their statutory duties by having access to, and being able to communicate with, the employees they represent." (Source: NJ.com)
  • Marie Blistan, president of the New Jersey Education Association, said the following in support of A3686 after it was signed into law: "This is a real win for working people in New Jersey. Gov. Murphy promised to put the needs of working families first, and he’s kept that promise by signing this law. … This law shows that New Jersey respects the value of unions and the right of employees to join together and advocate for the values that matter to them." (Source: New Jersey Education Association)

What we've been reading:

• City Journal, "Teacher Freedom in a Post-Janus World," October 2, 2018
• Daily Local News, "Liberty Justice Center to appeal local right-to-work case to U.S. Supreme Court," October 1, 2018
• Chicago Sun-Times, "Appeals court decision favors labor," September 30, 2018

The big picture

States in session: As of Oct. 5, state legislatures in Delaware, Massachusetts, Michigan, Ohio, Pennsylvania, 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. 5, we are tracking 201 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 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.

• Pennsylvania HB2571: This bill would require public employers to notify non-union members every payday that payments to unions are voluntary. This 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.
  • On Oct. 1, this bill was laid on the table. In Pennsylvania's House of Representatives, a bill is laid on the table after it is first considered. It can be removed from the table by a motion of the majority leader or a designee.
• Pennsylvania SB13: This bill would alter the union formation process to "allow for a simple card check where expressing majority support would be sufficient." The bill would also require that employers grant union representatives access to new employees to provide information on union membership.
  • On Oct. 4, this bill was introduced and referred to the Senate Labor and Industry Committee.

See also

• Public sector union policy in the United States