Three public-sector union bills advance from state senates

Since our last newsletter, three public-sector union bills have advanced from state senates in Arkansas, Oklahoma, and Tennessee. Of the 83 pieces of public-sector employee union legislation that we are currently tracking, eight have passed upper chambers so far this year. Here’s a run-down of the three most recent bills. 

Arkansas SB341

The Arkansas state Senate passed Republican-sponsored SB341 on March 9. This bill would prohibit collective bargaining for public-sector employees. 

SB341 says in part:

(a) A public employer shall not recognize a labor union or other public employee association as a bargaining agent of public employees.

(b) A public employer shall not collectively bargain or enter into any collective bargaining contract with a labor union or other public employee association or its agents with respect to any matter relating to public employees, public employees’ employment with a public employer, or public employees’ tenure with a public employer.

The bill was referred to the Senate Public Health, Welfare, and Labor Committee in February and amended on March 4. The Senate passed the bill 24-6 along party lines. It was referred to the House Public Health, Welfare, and Labor Committee on March 9 and amended on March 11. To view the latest version of the bill, click here.

Republicans have had trifecta control of Arkansas state government since 2015.

Oklahoma SB634

The Oklahoma state Senate passed SB634 on March 4. This Republican-sponsored bill would require annual authorizations for payroll dues deductions for school employees. Employee authorization forms would state: 

I am aware that I have a First Amendment right, as recognized by the U.S. Supreme Court, to refrain from joining and paying dues or making political contributions to a professional employee organization. I further realize that membership and payment of dues or political contributions are voluntary and that I may not be discriminated against for my refusal to join or financially support a professional employee organization. I hereby authorize my employer to deduct dues and/or political contributions from my 

salary in the amounts specified in accordance with my professional employee organization’s bylaws. I understand that I may revoke this authorization at any time.

SB634 was referred to the Senate Education Committee at the beginning of February. The bill was then referred to the Judiciary Committee, where it was amended. To view the current text of the bill, click here.

The Senate approved SB634 25-21, with 12 Republicans voting against it. It was referred to the House on March 8.

Republicans have had a trifecta in Oklahoma since 2011. 

Tennessee SJR0002 

Republican-sponsored SJR0002, a proposed right to work constitutional amendment, passed the Tennessee state Senate on March 8. The amendment would add the following new section to Article XI of the state constitution:

It is unlawful for any person, corporation, association, or this state or its political subdivisions to deny or attempt to deny employment to any person by reason of the person’s membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization.

The Senate Judiciary Committee recommended the bill for adoption on Feb. 9, and the Commerce And Labor Committee did the same on Feb. 23. The Senate passed the bill 24-7 on March 8. One Republican, Todd Gardenhire, voted against it. 

If the bill receives a two-thirds approval vote in the House, where Republicans hold a 73-26 majority, it will appear on the Nov. 8, 2022 ballot. The legislature passed the amendment in 2020 in the first part of the two-session amendment process, which required a simple majority vote in each chamber. 

Tennessee Republicans have had a trifecta in the state since 2011. 

In 2020, states passed five pieces of legislation dealing with public-sector employee union policy. By mid-March, four bills had passed lower chambers and three had passed both chambers.

What we’re reading

• Politico, “City’s largest municipal union signals support for Eric Adams’ mayoral bid,” March 10, 2021 
• Tampa Bay Times, “Union battles brew in Florida Legislature,” March 8, 2021
• Courthouse News Service, “Fourth Circuit Denies Fee Refund for Nonunion Teachers in Maryland,” March 8, 2021
• Law360, “7th Circ. Won’t Decide If Unions Must Rep Nonmembers,” March 8, 2021

The big picture

Number of relevant bills by state

We are currently tracking 83 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. 

• Arizona SB1268: This bill would establish annual disclosure requirements for public-sector unions.
  •  Republican sponsorship. 
  •  House second reading March 9. 
• Arkansas SB341: This bill would prohibit collective bargaining for public-sector employees.
  • Republican sponsorship. 
  • Senate passed March 9. Referred to the House Public Health, Welfare, and Labor Committee.
• Florida H0835: This bill would require that unions certified as bargaining agents for educational support employees include certain information in registration renewal applications. The bill would also require such unions whose full dues-paying membership is less than 50 percent to petition the state for recertification. 
  • Republican sponsorship. 
  • House Government Operations Subcommittee reported favorably March 9.    
• Florida H0947: This bill would require that public employees sign membership authorization cards in order to have dues deducted from their paychecks. It would also require a union to revoke that membership upon the employee’s request.
  • Republican sponsorship. 
  • House Government Operations Subcommittee reported favorably March 8, now in House State Affairs Committee.  
• Idaho S1120: This bill would extend collective bargaining rights to peace officers.
  •  Senate Commerce and Human Resources Committee hearing March 9. 
• Illinois HB2521: This bill would allow electronic signatures on petitions submitted for selecting an exclusive bargaining representative. It would allow certification elections to be conducted electronically. It would also prohibit an employer from promising or taking action against an employee for participating in a strike.
  • Democratic sponsorship. 
  • Referred to House Labor and Commerce Committee March 9. 
• Maine LD449: Current law says the obligation of a public employer and a bargaining agent to bargain collectively includes their mutual obligation to meet within 10 days after receipt of written notice from the other party requesting a meeting for collective bargaining purposes, as long as the parties have not otherwise agreed in an earlier written contract. This bill would eliminate that exception.
  • Democratic sponsorship. 
  • Labor and Housing Committee hearing scheduled for March 17. 
• Maryland HB1321: This bill would bar employers from requiring employees to become, remain, or refrain from becoming members of a union as a condition of employment.
  • Republican sponsorship. 
  • House Economic Matters Committee hearing March 5.
• New Hampshire HB206: This bill would establish that collective bargaining strategy discussions in which only one party is involved would not be subject to the state’s right-to-know law.
  • Republican sponsorship. 
  • House Judiciary Committee reported favorably March 9. 
• New Hampshire SB61: This bill would prohibit collective bargaining agreements that require employees to join a labor union.
  • Republican sponsorship. 
  • House Labor, Industrial and Rehabilitative Services Committee executive session scheduled for March 30.    
• Oklahoma SB634: This bill would require annual authorizations for payroll dues deductions for school employees.
  • Republican sponsorship. 
  • Senate passed March 4. First reading in the House March 8.    
• Oregon HB2061: This bill would prohibit public employers and unions from entering into fair-share agreements.
  • House Business and Labor Committee work session March 8.     
• Oregon HB3300: This bill would prohibit public employers and unions from entering into fair-share agreements.
  • Republican sponsorship. 
  • Referred to House Business and Labor Committee March 9.    
• Oregon SB580: This bill would amend the law’s definition of “employment relations” to include class size and caseload limits as mandatory collective bargaining subjects for school districts. 
  • Democratic sponsorship. 
  • Senate Education Committee hearing March 10. 
• Pennsylvania HB845: This bill would require any proposed public employee collective bargaining agreement to be made available on the public employers’ publicly accessible Internet website within 48 hours. This bill would also establish that proposed collective bargaining agreements and any documents presented by the public employer or received from the employee organization in the course of collective bargaining are to be public records subject to the state’s right-to-know law.
  • Republican sponsorship. 
  • Referred to House Labor and Industry Committee March 9. 
• Tennessee HJR0072: This bill proposes a constitutional amendment that would bar any person, corporation, or governmental entity from denying employment due to an individual’s affiliation status with a union or other employee organization. 
  • Republican sponsorship. 
  • House Banking & Consumer Affairs Subcommittee reported favorably March 10. House Commerce Committee hearing scheduled for March 16.  
• Tennessee SJR0002: This bill proposes a constitutional amendment that would bar any person, corporation, or governmental entity from denying employment due to an individual’s affiliation status with a union or other employee organization.
  • Republican sponsorship. 
  • Senate passed March 8. 
• Washington SB5055: This bill would establish an “arbitrator selection procedure for grievance arbitrations for law enforcement personnel that applies to all disciplinary grievance arbitrations.”
  • Democratic sponsorship. 
  • House Labor and Workplace Standards Committee executive session scheduled for March 17. 

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