Public-sector union policy in New York
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On June 27, 2018, the Supreme Court of the United States issued its decision in Janus v. American Federation of State, County, and Municipal Employees (Janus v. AFSCME), a case concerning the constitutionality of public-sector labor union agency fees. In its 5-4 decision, the court ruled that being required to give any financial support to a union violates employees' rights under the First Amendment to the United States Constitution. With Janus, the high court overturned the precedent established in Abood v. Detroit Board of Education that had permitted public-sector unions to collect agency fees to support non-political activities such as collective bargaining efforts and administrative work.[1][2]
In anticipation of and in response to this ruling, bills relating to public-sector employee unions were introduced in state legislatures across the United States. This article provides general information on public-sector unions and relevant legislation in New York.
Background
Generally, members of an employee union pay fees to that union. These fees support the union's activities, which can include collective bargaining and contract administration, as well as political activities, such as lobbying. Some public-sector employees do not wish to join a union, and some are opposed to unions' political activities. In 1977, the Supreme Court of the United States ruled, in Abood v. Detroit Board of Education, that employees cannot be required to give financial support to a union's political activities. However, the court found that it was not a violation of employees' rights under the First Amendment to the United States Constitution to require them to pay fees to support union activities from which they benefit, such as collective bargaining. This ruling was overturned by Janus, which held that such fees are not constitutional.[3]
Noteworthy events
2018
Nassau County prohibits release of public workers' personal information
On July 23, 2018, Nassau County Executive Laura Curran signed an executive order prohibiting the release of public workers' personal information, including home addresses, telephone numbers, cell phone numbers, and personal email addresses. The order took effect immediately but did not apply to information subject to New York Civil Service Law or information requested as part of legal processes.[4]
Erie County bars political groups, except unions, from accessing workers' personal information
On July 16, 2018, the Erie County, New York, legislature voted 8 to 3 to adopt a resolution barring political groups from obtaining access to county workers' personal information, including home addresses, email address, and telephone numbers. The law exempted employee unions. The Niagara Falls City Council approved a similar resolution earlier in the month.[5]
State assemblyman proposes legislation to permit unions to include collective bargaining costs in contracts with government agencies
On July 2, 2018, New York Assemblyman Richard Gottfried (D) circulated a memo among fellow assembly members announcing his intention to introduce legislation that would permit unions to include collective bargaining costs in contracts with government agencies. Gottfried said, "I would call it a workaround. I don't think there's a lot of logic to the Janus decision to start with, but New York state — in our Constitution and law — has long recognized that public employees have the right to collectively bargain." Ken Girardin, a policy analyst for the Empire Center, said the proposal “would be terrible policy on a number of levels. You could be talking about $400, $500, $600 per worker per year. It's coming to come out of someone's pockets and be handed over to the union. The practice would be indefensible."[6]
Also on July 2, 2018, State Comptroller Thomas DiNapoli announced that, beginning with July pay periods, the state would stop deducting agency fees from non-members' paychecks. On July 3, 2018, the Empire Center sent approximately 1,700 letters to municipal government employers informing them of their obligation to stop collecting agency fees from non-members. Tim Hoefer, the group's executive director, said, "The language of the decision is not ambiguous. Agency fees must end."[6][7]
Relevant legislation in New York
The following is a list of bills related to public-sector employee unions that were introduced in or passed by the New York State Legislature in the current legislative session. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.
Note: If no bills are displayed below, no legislation pertaining to this topic was introduced in the legislature in the current legislative session.
See also
Select a state on the map below to read more about public-sector employee union legislation in that state.
Footnotes
- ↑ SCOTUSblog, "Janus v. American Federation of State, County, and Municipal Employees, Council 31," accessed May 9, 2018
- ↑ Supreme Court of the United States, "Janus v. American Federation of State, County, and Municipal Employees: Opinion," June 27, 2018
- ↑ Oyez, "Abood v. Detroit Board of Education," accessed May 9, 2018
- ↑ Long Island Business News, "Nassau aims to protect workers’ personal info," July 24, 2018
- ↑ People's World, "Erie County legislature passes anti-Janus resolution to protect workers’ privacy," July 18, 2018
- ↑ 6.0 6.1 New York Post, "Dem lawmaker has ‘workaround’ to SCOTUS unions decision," July 4, 2018
- ↑ Empire Center, "Empire Center to Public Employers: Halt Union Agency Fees," July 3, 2018
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