Arkansas enacts bill prohibiting collective bargaining by state public-sector employees

Arkansas Senate Bill 341, which prohibits collective bargaining on the part of state public-sector employees, was enacted on April 8. 

About the bill 

The Republican-sponsored bill adds the following text to Arkansas Code Title 21:

(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 also makes public employee strikes illegal and requires public employers to fire an employee who strikes. It permits employee associations “for the purpose of promoting the public employees’ interests before a public employer.”

Public safety officers, including law enforcement and firefighters, and employees of Federal Transit Administration grant recipients are exempted from the law. 

The bill first passed the Senate 24-6 along party lines on March 9. On March 22, the House voted 62-22 in favor of the bill, with one Democrat supporting and four Republicans voting against it. After the Senate passed the amended House bill on April 5, Gov. Asa Hutchinson (R) signed it on April 8.       

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

North Carolina and South Carolina prohibit all public-sector collective bargaining. Like Arkansas, some states prohibit public-sector collective bargaining but make exceptions for police, firefighters, or teachers. 

Perspectives

Supporting

Bill sponsor Sen. Bob Ballinger (R) said, “If they are walking off the job, they are walking off the job that is basically tax payers. … If they are opposing something their employers do, they are actually opposing the tax payers.”

Rep. Jim Dotson (R) said, “This is specifically directed toward public employees who would try to physically impede … the activity or operations of a public employer and through that process strike, if they’re part of a union.”

Opposing 

Arkansas Education Association executive director Tracey-Ann Nelson said, “Already in this state we have limited access to bargaining. … Arkansas educators have been meeting what’s been asked of them for several years now and deserve to be treated as professionals. They deserve the same rights as other esteemed public employees and the same opportunity to have their voices heard.” 

Fayetteville Education Association president Anna Beaulieu said, “I have a lot of difficulty understanding why we would need legislation to keep educators from advocating for public schools, public education safe and fair working conditions.” 

What we’re reading

• Florida Politics, “‘Tell the truth, shame the devil’: Sparks fly over union dues,” April 15, 2021
• New York Law Journal, “2nd Circuit Nixes Post-‘Janus’ Union Fee Challenge in Affirming Good-Faith Defense,”  April 13, 2021
• Government Executive, “Unions Drop Challenge to FLRA Rule Making it Easier for Feds to Stop Paying Dues,” April 13, 2021 

The big picture

Number of relevant bills by state

We are currently tracking 93 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. 

• Arkansas SB341: This bill would prohibit collective bargaining on the part of public-sector employees. 
  • Republican sponsorship. 
  • Enacted April 8. 
• 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% to petition the state for recertification.   
  • Republican sponsorship. 
  • House State Affairs Committee reported favorably with committee substitute April 15. 
• 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 State Affairs Committee reported favorably with committee substitute April 15. 
• Florida S0078: 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. 
  • Senate Rules Committee hearing April 14. 
• Florida S1014: 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% to petition the state for recertification.  
  • Republican sponsorship. 
  • Senate Rules Committee hearing April 14. 
• Indiana SB0251: This bill would establish that a school employee can leave a union at any time. It would also require an employee to annually authorize any payroll deductions of union dues. 
  • Republican sponsorship. 
  • Senate president pro tempore signed April 12 and speaker of the House signed April 13. 
• Maine LD1402: This bill would remove the authority to require public employees who do not join a union to pay service fees to the union. 
  • Republican sponsorship. 
  • Labor and Housing Committee hearing scheduled for April 23. 
• Maryland SB138: This bill would extend collective bargaining rights to employees of the Baltimore County Public Library. 
  • Democratic sponsorship. 
  • Passed both chambers April 12.
• Maryland SB556: This bill would establish a separate collective bargaining unit for teachers at the Maryland School for the Deaf. 
  • Democratic sponsorship. 
  • Passed both chambers April 12.
• Nevada SB13: This bill would establish that local governments’ ending fund balances of up to 25% would not be subject to negotiation during collective bargaining.
  • Died April 10. 
• Nevada SB373: This bill would authorize collective bargaining between state professional employers and professional employees. 
  • Referred to Senate Finance Committee April 12.
• Tennessee HJR0072: 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 Finance, Ways, and Means Committee hearing scheduled for April 20. 
• Washington SB5133: This bill amends the definition of a “confidential employee” for the purposes of collective bargaining.
  • Democratic sponsorship. 
  • Senate president signed April 10. 

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