Indiana Gov. Eric Holcomb (R) signed Senate Bill 297 on March 7, amending a partially-blocked teachers union dues law.
The backstory
Holcomb signed Republican-sponsored Senate Bill 251 on April 22, 2021, enacting a law that says, “A school employee has the right to resign from, and end any financial obligation to, a school employee organization at any time.” It says that an “authorization for school employee organization dues to be deducted from school employee pay shall be on a form prescribed by the attorney general” and that “[a]uthorizations by a school employee for the withholding of school employee organization dues from the school employee’s pay shall not exceed one (1) year in duration and shall be subject to annual renewal.” Upon receiving an employee’s authorization form, the employer must email the employee and get a response confirming the authorization.
On June 15, 2021, three Indiana teachers unions—Anderson Federation of Teachers, Avon Federation of Teachers, Martinsville Classroom Teachers—and the three unions’ presidents filed a lawsuit in the U.S. District Court for the Southern District of Indiana, alleging the law violated the U.S. Constitution’s contract clause and the First Amendment. In part, the unions said that the bill “[violated] the teachers’ First Amendment right to freedom of speech by compelling them to speak a message dictated by the State.”
On June 30, 2021, Senior Judge Sarah Evans Barker partially blocked the law from going into effect. Barker wrote, “[A]t this preliminary stage, we hold that Plaintiffs are likely to prevail on the merits of the question whether section (c)(3) of SEA 251 is violative of the First Amendment.” The Indianapolis Star’s Arika Herron wrote, “The temporary injunction … [prevented] the state from enforcing the law to terminate any existing dues deduction withholding agreements until after the final pay period of the 2020-21 school year … and [blocked] the state from enforcing the law on any new agreements until a final ruling.”
President Ronald Reagan (R) appointed Barker to the court in 1984.
About Senate Bill 297
Senate Bill 297 “[a]mends the content of the statement that is required to be included on an authorization form for deducting school employee organization dues from school employee pay” and “[p]rovides that the provision regarding the content of the statement applies only to collective bargaining agreements or contracts entered into, renewed, modified, extended, or amended after June 30, 2022.”
Updates to the language of the mandated authorization form included changing “I am aware that I have a First Amendment right, as recognized by the United States Supreme Court, to refrain from joining and paying dues to a union…” to “The State of Indiana wishes to make you aware that you have a First Amendment right…”
The state Senate passed the bill 37-12 on Feb. 1, and the House of Representatives passed it 58-31 on Feb. 23. Holcomb signed the bill on March 7.
Republicans have had trifecta control of Indiana state government since 2011. The party has a 71-29 majority in the House and a 39-11 majority in the Senate.
Perspectives
Supporting
Workers for Opportunity’s Taylor Piotrowski called the bill an “integral part of ensuring worker freedom.” Piotrowski said, “Indiana’s bill ensures that workers are educated and empowered to make their own decisions on union membership, and it should serve as an example for other states around the country considering similar legislation.”
Opposing
According to The Times of Northwest Indiana’s Dan Carden, “Rep. Ryan Hatfield, D-Evansville, said rather than interfering in a pending court case by adjusting the affirmation language and continuing to throw obstacles in front of teachers choosing to join unions, the Legislature should instead trust teachers to make employment decisions without state interference.” Hatfield said, “Our teachers in this state are some of the brightest among us, and we should treat them like it.”
What we’re reading
- The Oklahoman, “Gov. Stitt targeted unions in State of the State address, but legislature avoids major action,” March 15, 2022
- Kansas Reflector, “Labor organizers and anti-union activists square off again on membership, dues issues,” March 15, 2022
- Economic Policy Institute, “Unions can reduce the public-sector pay gap,” March 14, 2022
- The Center Square, “How Washington’s legislative unionization bill passed, after initial defeat,” March 14, 2022
The big picture
Number of relevant bills by state
We are currently tracking 130 pieces of legislation dealing with public-sector employee union policy. 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 relevant legislative actions taken since our last issue.
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California AB1714: This bill would allow unions representing excluded state employees to request arbitration with the Department of Human Resources in certain circumstances.
- Democratic sponsorship.
- Assembly Public Employment and Retirement Committee hearing held March 16. Committee recommends “do pass.” Re-referred to Assembly Judiciary Committee.
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California SB931: This bill would allow a union to bring a claim before the Public Employment Relations Board against a public employer allegedly in violation of California Government Code Section 3550 and sets civil penalties for violations. Section 3550 prohibits public employers from discouraging union membership.
- Democratic sponsorship.
- Senate Labor, Public Employment and Retirement Committee hearing scheduled for March 21.
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Connecticut SB00209: This bill would recognize probate court employees as state employees for collective bargaining purposes.
- Introduced by the Senate Labor and Public Employees Committee.
- Joint favorable report March 10, filed with Legislative Commissioners’ Office March 11.
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Florida H1197: This bill would require certain public employees to sign an authorization form before joining a union acknowledging that union membership is not a condition for employment and that membership and dues are voluntary. It would require unions to allow certain public employees to end their membership by a written request. The bill would also prevent employers from deducting dues from certain employees’ paychecks. It would also amend requirements for bargaining agent recertification and union registration renewal.
- Republican sponsorship.
- Died in Senate Rules Committee March 14.
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Florida S1458: This bill would require certain public employees to sign an authorization form before joining a union acknowledging that union membership is not a condition for employment and that membership and dues are voluntary. It would require unions to allow certain public employees to end their membership by a written request. The bill would also prevent employers from deducting dues from certain employees’ paychecks. It would also amend requirements for bargaining agent recertification and union registration renewal.
- Republican sponsorship.
- Died in Senate Judiciary Committee March 14.
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Kansas SB511: This bill would establish that public employees may revoke authorization for employers to withhold union dues from their wages by submitting a written or emailed request to the employer, and employers must immediately cease withholding dues. The bill requires public employers to provide an annual written notification of rights and a request form to employees. The bill also requires public employees to annually renew their dues withholding authorization by signing a form with language stipulated by the bill. Employers must confirm the authorization by email before withholding dues.
- Sponsored by the Federal and State Affairs Committee.
- Senate Commerce Committee hearing held March 15.
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Louisiana HB663: This bill would allow public employees to resign from union membership and revoke dues deduction authorizations at any time. It would require employees to annually renew dues deduction authorizations using a form described in the bill. The public employer would be required to confirm the authorization by email.
- Republican sponsorship.
- Read by title and referred to House Labor and Industrial Relations Committee March 14.
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Maryland HB1485: This bill would extend collective bargaining rights to certain employees of the Trustees of the Walters Art Gallery.
- Democratic sponsorship.
- Referred to House Rules and Executive Nominations Committee March 11.
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Minnesota SF3952: This bill would give legislative employees the right to elect exclusive representatives for collective bargaining.
- Democratic sponsorship.
- Introduced, read first time, referred to Senate State Government Finance and Policy and Elections Committee March 14.
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Wisconsin AB438: This bill would allow employees of the University of Wisconsin Hospitals and Clinics Authority to collectively bargain over wages, hours, and conditions of employment.
- Democratic sponsorship.
- Failed to pass March 15.
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Wisconsin AB614: This bill would allow state and municipal employees to bargain over any increase in wages and allow most state and general municipal employees to bargain over hours and employment conditions. It would allow for voluntary dispute settlement procedures between municipal employers and labor organizations and allow representatives for most municipal and state employees to be selected by a simple majority of employees voting. It would also repeal an annual certification requirement for bargaining unit representatives.
- Democratic sponsorship.
- Failed to pass March 15.
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Wisconsin AB687: This bill would give certain school district, educational service, college district, and university system employees the right to bargain collectively over wages, hours, and employment conditions.
- Democratic sponsorship.
- Failed to pass March 15.
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Wisconsin SB404: This bill would extend collective bargaining rights to employees of the University of Wisconsin Hospitals and Clinics Authority.
- Democratic sponsorship.
- Failed to pass March 15.
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Wisconsin SB660: This bill would give certain school district, educational service, college district, and university system employees the right to bargain collectively over wages, hours, and employment conditions.
- Democratic sponsorship.
- Failed to pass March 15.
