Union Station: November 30, 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. This week, we shine a spotlight on Janus-related activity in Oregon.

• On Nov. 20, 2018, 10 Oregon public-sector employees filed a class-action lawsuit suit in U.S. District Court. They alleged their unions unconstitutionally prevented them from resigning their memberships and rescinding authorizations for the deduction of fees and dues from their paychecks. (Sources: Willamette Week, The Register-Guard)
  • Who are the parties to the suit? Ten public-sector employees filed their suit in the United States District Court for the District of Oregon. The plaintiffs are receiving legal assistance from the National Right to Work Legal Defense Foundation and the Freedom Foundation. The defendants named in the suit include Service Employees International Union (SEIU) Local 503, Oregon Public Employees Union; American Federation of State, Local, and Municipal Employees (AFSCME) Local 75; and the employers. (Source: National Right to Work Legal Defense Foundation)
  • What is at issue? In the wake of Janus, the plaintiffs attempted to resign from their unions and rescind dues-deduction authorizations. Their unions said they would grant the employees non-member status but would continue deducting dues from their paychecks. The unions cited internal policies that restrict the withdrawal of dues-deduction authorizations to a limited time period once per year. The plaintiffs argue this practice violates their First Amendment associational rights as defined in Janus. (Source: National Right to Work Legal Defense Foundation)
  • What are the parties to the suit saying?
    • National Right to Work Foundation President Mark Mix said, "These public sector workers join many others across the country in standing up to Big Labor’s coercive tactics. Union officials have a long history of manipulating ‘window period’ schemes, arbitrary union-enacted limitations trapping workers into forced dues, and other obstacles designed to block individuals from exercising their constitutional rights. The Foundation’s victory in Janus at the Supreme Court provided much-needed protection, but as this case shows union bosses are now defying the Supreme Court to continue their abusive practices." (Source: National Right to Work Legal Defense Foundation)
    • Peter Starzynski, of the Northwest Accountability Project, said, "Part of the Freedom Foundation’s strategy is to file frivolous lawsuits to waste union’s time defending themselves in court. This effort has been a monumental failure. Unions in Oregon remain strong as members continue to see better wages and benefits that come from the strength of being in a union." (Source: Oregon Public Broadcasting)

The big picture

States in session: As of Nov. 30, state legislatures in Illinois, Massachusetts, Michigan, North Carolina, Ohio, and Pennsylvania 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 Nov. 30, we are tracking 203 pieces of legislation dealing with public-sector employee union policy. No new bills were 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)

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.

• Michigan HB6474: This bill would prohibit collective bargaining agreements that provide for paid time off for the conduct of union business.
  • On Nov. 29, this bill was heard by the House Committee on Education Reform.
• Michigan SB0796: Similar to HB6474, this bill would prohibit collective bargaining agreements that provide for paid time off for the conduct of union business.
  • On Nov. 27, the state Senate passed this bill and sent it to the House, where it was read for the first time and referred to the Committee on Education Reform.

See also

• Public sector union policy in the United States