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Vermont Proposal 3, Right to Collective Bargaining Amendment (2026)
| Vermont Proposal 3 | |
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| Election date |
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| Topic Collective bargaining and Constitutional rights |
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| Status On the ballot |
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| Type Legislatively referred constitutional amendment |
Origin |
Vermont Proposal 3, the Right to Collective Bargaining Amendment, is on the ballot in Vermont as a legislatively referred constitutional amendment on November 3, 2026.
A "yes" vote supports amending the Vermont Constitution to establish a state constitutional right to organize or join a labor organization for the purpose of collective bargaining. |
A "no" vote opposes amending the Vermont Constitution to establish a state constitutional right to organize or join a labor organization for the purpose of collective bargaining. |
Overview
What would this amendment do?
- See also: Text of measure
Proposal 3 would amend the Vermont Constitution's Declaration of Rights to provide that employees have a state constitutional right to organize and join a labor organization for collective bargaining with their employer. This constitutional right to collective bargaining would include "negotiating wages, hours, and working conditions and to protect their economic welfare and safety in the workplace." Proposal 3 would prohibit laws that interfere with, negate, or diminish this constitutional right, including those that ban agreements requiring union membership as a condition of employment (right-to-work laws).[1]
What are the arguments for and against Proposal 3?
- See also: Support and opposition
In support of Proposal 3, Aimee Bertrand, President of Vermont State Employees Association and Vice President of Vermont AFL-CIO, said, "At a time when workers are under attack daily from the federal administration, this amendment ensures that workers in Vermont will forever have the option to join a union and bargain for their wages, working conditions, and benefits. We know that when workers are at the table and have a voice with management, workplaces are safer, employees are more productive, and the economy works better for more people."[2]
Senate Majority Leader Kesha Ram Hinsdale (D), also in support of the amendment, said, "Some may question why we need this amendment in Vermont – but history has shown us that no state is immune: workers in Wisconsin, Michigan, Missouri and New Hampshire never imagined their right to organize and collectively bargain would be under attack."[2]
In opposition to the amendment, former Vermont Republican Party Chairman Rob Roper said, "While this may sound benign at first glance – the First Amendment already guarantees the right to peaceably assemble, often interpreted as freedom of association – this so-called 'right to collectively bargain' effectively strips, in key cases, one’s right to individually bargain on one’s own behalf. That’s not a good thing."[3]
Do other states have the constitutional right to collective bargaining?
Five states—Florida, Hawaii, Illinois, Missouri, and New York—have a constitutional right to collectively bargain. New Jersey's Constitution also provides for the right to collectively bargain among private employees, while public employees are provided with the right to organize and present grievances, not collectively bargain. The most recent state to decide on a constitution amendment regarding collective bargaining was Illinois, when voters approved Amendment 1 in 2022 by 59%-41%.
Text of measure
Constitutional changes
- See also: Chapter I, Vermont Constitution
The measure would add an Article 23 to Chapter 1 of the Vermont Constitution. The following underlined text would be added:[1]
Article 23. [Right to collectively bargain]
That employees have a right to organize or join a labor organization for the purpose of collectively bargaining with their employer through an exclusive representative of their choosing for the purpose of negotiating wages, hours, and working conditions and to protect their economic welfare and safety in the workplace. Therefore, no law shall be adopted that interferes with, negates, or diminishes the right of employees to collectively bargain with respect to wages, hours, and other terms and conditions of employment and workplace safety, or that prohibits the application or execution of an agreement between an employer and a labor organization representing the employer’s employees that requires membership in the labor organization as a condition of employment.[4]
Support
Supporters
Officials
- State Sen. Philip Baruth (D)
- State Sen. Wendy Harrison (D)
- State Sen. Nader Hashim (D)
- State Sen. Kesha Ram Hinsdale (D)
- State Rep. Lori Houghton (D)
- State Rep. Emilie Krasnow (D)
- State Rep. Jill Krowinski (D)
- State Treasurer Michael Pieciak (D)
Former Officials
- Lieutenant Gov. David Zuckerman (D)
Political Parties
Unions
Arguments
Opposition
Arguments
Campaign finance
Ballotpedia did not identify ballot measure committees registered to support or oppose the ballot measure.[5]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
As of May 2025, the following five state constitutions provide a right to collective bargaining, while one state, New Jersey, provides for the right to collectively bargain for private employees:
- Florida: Article I of the Florida Constitution states that "the right of employees, by and through a labor organization, to bargain collectively shall not be denied or abridged."
- Hawaii: Article XIII of the Hawaii Constitution states that private employees and public employees "shall have the right to organize for the purpose of collective bargaining."
- Missouri: The Missouri Constitution's Bill of Rights states that "employees shall have the right to organize and to bargain collectively through representatives of their own choosing."
- New York: The New York Constitution's Bill of Rights states that "Employees shall have the right to organize and to bargain collectively through representatives of their own choosing." Voters approved the right to collective bargaining via a ballot measure in 1938.
- New Jersey: Article I of the New Jersey Constitution states "persons in private employment shall have the right to organize and bargain collectively. Persons in public employment shall have the right to organize, present to and make known to the State, or any of its political subdivisions or agencies, their grievances and proposals through representatives of their own choosing."
- Illinois: Article I of the Illinois Constitution states that "employees shall have the fundamental right to organize and to bargain collectively through representatives of their own choosing for the purpose of negotiating wages, hours, and working conditions, and to protect their economic welfare and safety at work." Voters approved this amendment in 2022 by passing Amendment 1.
Right-to-work laws
- See also: Right-to-work laws
Proposal 3 would prohibit laws that interfere with, negate, or diminish the constitutional right to collectively bargain, including laws that ban agreements requiring union membership as a condition of employment (right-to-work laws). Right-to-work is a term describing state legislation that prohibits employees from being required to join or financially support a labor union. As of February 2024, 26 states had right-to-work laws in place (see the map below). The majority of right-to-work laws were passed by states in the 1940s and 1950s.
Path to the ballot
Amending the Vermont Constitution
- See also: Amending the Vermont Constitution
A two-thirds (66.67%) vote is required in the Vermont State Senate and a simple majority vote is required in the Vermont House of Representatives in the first legislative session. A simple majority vote is required in both chambers in the second legislative session to place a constitutional amendment on the ballot. That amounts to a minimum of 20 votes in the Vermont State Senate and 76 votes in the Vermont House of Representatives in the first session and 16 votes in the state senate and 76 votes in the state house in the second session, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Proposal 3 (2024)
State Sen. Nader Hashim (D) introduced the constitutional amendment into the State Senate as Proposal 3 (PR. 3) on May 2, 2023. The constitutional amendment moved through the legislature between May 2, 2023 and April 30, 2024.[6]
- May 2, 2023: The amendment was introduced to the Vermont State Senate and referred to the Committee on Economic Development, Housing and General Affairs.
- April 2, 2024: The amendment received a favorable report by the Committee on Economic Development, Housing and General Affairs, and went to the Senate floor. The Senate voted 29-0 to pass the amendment. The amendment received 21 votes by Democrats and seven votes by Republicans.
- April 4, 2024: The amendment was read for the first time on floor of the Vermont House of Representatives, and was referred to the Committee on General and Housing.
- April 26, 2024: The House voted 129-8 to pass the amendment. The amendment received 96 votes from Democrats and 35 votes from Republicans, while eight Republicans and zero Democrats voted against the amendment.
| Votes Required to Pass: 15 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 29 | 0 | 0 |
| Total % | 100.0% | 0.0% | 0.0% |
| Democratic (D) | 21 | 0 | 0 |
| Republican (R) | 7 | 0 | 0 |
| Vermont Progressive (VPP) | 1 | 0 | 0 |
| Votes Required to Pass: 75 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 129 | 8 | 12 |
| Total % | 86.6% | 5.4% | 8.0% |
| Democratic (D) | 96 | 0 | 10 |
| Republican (R) | 27 | 8 | 2 |
| Libertarian (L) | 1 | 0 | 0 |
| Vermont Progressive (VPP) | 2 | 0 | 0 |
| Independent (I) | 3 | 0 | 0 |
Proposal 3 (2025)
The constitutional amendment moved through the legislature between March 11, 2025 and May 2, 2025.[7]
- March 11, 2025: The amendment was proposed for the second session.
- March 20, 2025: The amendment passed the Senate by 29-0, with 16 Democrats and 12 Republicans voting for the amendment.
- March 1, 2025: The amendment passed the House by 125-15, with 83 Democrats and 35 Republicans voting for the amendment, while 15 Republicans and zero Democrats voted against the amendment.
| Votes Required to Pass: 15 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 29 | 0 | 1 |
| Total % | 96.6% | 0% | 3.3% |
| Democratic (D) | 16 | 0 | 0 |
| Republican (R) | 12 | 0 | 1 |
| Vermont Progressive (VPP) | 1 | 0 | 0 |
| Votes Required to Pass: 76 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 125 | 15 | 10 |
| Total % | 83.3% | 10.0% | 6.7% |
| Democratic (D) | 83 | 0 | 4 |
| Republican (R) | 35 | 15 | 6 |
| Vermont Progressive (VPP) | 3 | 0 | 0 |
| Independent (I) | 4 | 0 | 0 |
How to cast a vote
- See also: Voting in Vermont
See below to learn more about current voter registration rules, identification requirements, and poll times in Vermont.
See also
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External links
Footnotes
- ↑ 1.0 1.1 Vermont State Legislature, "Proposal 3," accessed May 1, 2025
- ↑ 2.0 2.1 Vermont Democrats, "Senate Democrats and Union Organizations Rally Behind Proposition 3: A Workers’ Rights Proposal with Tripartisan Support," accessed May 7, 2024
- ↑ Vermont Daily Chronicle, "Roper: Another dumb Constitutional Amendment…," April 4, 2024
- ↑ Note: This text is quoted verbatim from the original source.
- ↑ Vermont Campaign Finance, "Homepage," accessed May 17, 2025
- ↑ Vermont State Legislature, "Proposal 3," accessed May 7, 2024
- ↑ Vermont State Legislature, "Proposal 3," accessed May 7, 2024
- ↑ Vermont State Legislature, “17 V.S.A. § 2561,” accessed April 20, 2023
- ↑ 9.0 9.1 9.2 9.3 Vermont Secretary of State, "Voter Registration," accessed April 20, 2023
- ↑ 10.0 10.1 Vermont Secretary of State, "Frequently Asked Questions," accessed April 20, 2023
- ↑ City of Burlington, Vermont, "City of Burlington All Legal Resident Voter Registration Form," accessed November 14, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ Vermont Secretary of State, "Election Day FAQs," accessed April 20, 2023
