We’re off to the races in 2022! Thirty-two state legislatures are currently in session. Today, we’re taking a look at bills related to public-sector labor policy that have been introduced so far this year. 

Overview

We’re currently tracking 71 pieces of legislation related to public-sector labor policy in the states. Twenty-four of those bills have been introduced this year, and the rest were carried over from 2021. Since 2019, we’ve tracked an average of 107 bills per year.   

Of the bills introduced so far this year, Democrats and Republicans have each sponsored 12. Seven of the Republican-sponsored bills were introduced in Republican trifecta states, and five of the Democratic-sponsored bills were introduced in a Democratic trifecta state. Nine bills were introduced in states with divided government, and three Democratic-sponsored bills were introduced in states with Republican trifectas. 

Bill details

The following bills have been introduced in 2022:

• Florida H1197 and S1458: These bills 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. The bills would require unions to allow certain public employees to end their membership by a written request. The bills would also prevent employers from deducting dues from certain employees’ paychecks. Both proposals would also amend requirements for bargaining agent recertification and union registration renewal. Republican sponsorship.  
• Kentucky HB111: This bill would remove current restrictions on public employee collective organizing and strikes. It would repeal requirements for dues deduction authorizations. It would prevent state law from prohibiting public employers and local governments from requiring union membership for employment. Democratic sponsorship.
• Maryland SB118: This bill would extend collective bargaining rights to certain graduate students within the University System of Maryland, Morgan State University, and St. Mary’s College of Maryland. Democratic sponsorship. 
• Missouri HB2121 and SB728: These bills would establish the “Public Employee Janus Rights Act.” They would require public employees to give written, informed consent before union dues or fees may be withheld from their paychecks. Employees must also give written, informed consent for unions to use fees or dues for political purposes. Republican sponsorship.
• Missouri HB2122 and SB880: These bills would bar employers from requiring employees to become, remain, or refrain from becoming members of a union as a condition of employment. Republican sponsorship.
• Missouri SB706: This bill would bar employers from requiring employees to join or not join a union as a condition of employment in counties that adopt the provisions of the bill. Republican sponsorship.
• New Hampshire HB1041: This bill would extend the public employee labor relations act to cover nonpartisan employees of the New Hampshire legislature. Democratic sponsorship.
• New Hampshire HB1472: This bill would prohibit employers from taking certain actions against employees involved in legal strikes or collective bargaining preceding a legal strike. It would also prohibit employers from “[engaging] in anti-union training of any kind.” Democratic sponsorship.   
• Vermont H0621: This bill would allow certification of collective bargaining representatives through majority employee sign-up and voluntary employer recognition. Democratic sponsorship.  
• Virginia HB335: This bill would allow public employees to bargain independently. It would prevent collective bargaining agreements from applying to non-member employees. Republican sponsorship.  
• Virginia HB336: This bill would require a 51% vote of public employees in a collective bargaining unit to certify a bargaining representative in localities that have authorized collective bargaining. Republican sponsorship.
• Virginia HB337: This bill would prohibit collective bargaining agreements from having a public employer provide compensation or compensated leave time for union activities. It would require unions to compensate public employers if union activities infringe upon their time or resources. Republican sponsorship.
• Virginia HB341: This bill would require public employees to give consent before employers may deduct union dues from their pay, and it would allow employees to stop paying dues at any time. It would require annual reconfirmation of consent for union membership and dues deductions. Republican sponsorship.
• Virginia HB790: This bill would prevent localities from entering collective bargaining agreements with law enforcement employee associations if the agreements do not meet certain criteria. Republican sponsorship.
• Virginia SB264: This bill would allow state and local government employees, other than exempted employees, to organize and bargain collectively, and it would create a Public Employee Relations Board. It would require public employers and employee organizations to negotiate in good faith. Democratic sponsorship.
• Washington HB1764: This bill would stipulate new requirements for collective bargaining negotiations and arbitration between the University of Washington School of Medicine and residents and fellows who have the right to bargain collectively. Democratic sponsorship. 
• Washington HB1771: This bill would allow family child care providers to bargain collectively over defined contribution retirement benefits. Democratic sponsorship. 
• Washington HB1806 and SB5773: These bills would give state legislative branch employees the right to bargain collectively. Democratic sponsorship.  
• Washington SB5579: This bill would give Washington Management Service personnel the right to bargain collectively. Democratic sponsorship. 
• West Virginia HB3124: This bill would outline rights and procedures for public employee collective bargaining. Democratic sponsorship. 

As always, an overview of the current legislation we’re tracking and a list of legislative actions from the past week are included at the end of this newsletter.

To view spreadsheets with information about all of the public-sector labor bills we’ve tracked since 2018, click here. 

What we’re reading

• Jacobin, “Colorado Public Sector Workers May Be on the Verge of Winning the Right to Unionize,” Jan. 12, 2022
• Illinois Policy, “Chicago-area firefighters battle to kick out union,” Jan. 12, 2022
• Southeast Texas Record, “Texas Bar argues Free Speech Clause doesn’t apply to its activities in mandatory dues case before Supreme Court,” Jan. 11, 2022

The big picture

Number of relevant bills by state

We are currently tracking 71 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.

• Delaware SB201: This bill would apply the Delaware Public Employment Relations Act to employers of 10 or more full-time employees, rather than 100 or more full-time employees.
  • Democratic sponsorship.
  • Senate Labor Committee hearing scheduled for Jan. 19. 
• 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.
  • Referred to House State Affairs Committee (Government Operations Subcommittee), first reading Jan. 11. 
• 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.
  • Referred to Senate Judiciary, Governmental Oversight and Accountability, and Appropriations Committees Jan. 12. 
• Maine LD555: This bill would grant most public-sector employees the right to strike. Select public safety and judicial employees would not be allowed to strike. 
  • Democratic sponsorship.
  • Hearing scheduled for Jan. 19. 
• Maryland SB118: This bill would extend collective bargaining rights to certain graduate students within the University System of Maryland, Morgan State University, and St. Mary’s College of Maryland.
  • Democratic sponsorship. 
  • Senate Finance Committee hearing scheduled for Jan. 27.
• Missouri SB706: This bill would bar employers from requiring employees to join or not join a union as a condition of employment in counties that adopt the provisions of the bill.
  • Republican sponsorship.
  • Second read, referred to Senate Small Business and Industry Committee on Jan. 10.
• Missouri SB728: This bill would establish the “Public Employee Janus Rights Act.” It would require public employees to give written, informed consent before union dues or fees may be withheld from their paychecks. Employees must also give written, informed consent for unions to use fees or dues for political purposes. 
  • Republican sponsorship.
  • Second read, referred to Senate General Laws Committee on Jan. 13.
• New Hampshire HB1041: This bill would extend the public employee labor relations act to cover nonpartisan employees of the New Hampshire legislature. 
  • Democratic sponsorship.
  • House Legislative Administration Committee hearing scheduled for Jan. 19.
• New Jersey A5862: This bill would expand the terms and conditions negotiable between government employers and public-sector unions to those that “intimately and directly affect employee work and welfare,” with certain exceptions. It would also allow a public-sector union to charge a non-dues-paying employee for the cost of representation in arbitration proceedings, and to decline to represent those who do not agree to pay.
  • Democratic sponsorship.
  • Substituted by S3810 on Jan. 10.
• New Jersey S3810: This bill would expand the terms and conditions negotiable between government employers and public-sector unions to those that “intimately and directly affect employee work and welfare,” with certain exceptions. It would also allow a public-sector union to charge a non-dues-paying employee for the cost of representation in arbitration proceedings, and to decline to represent those who do not agree to pay.
  • Democratic sponsorship. 
  • Substituted for A5862, passed both chambers Jan. 10.
• Vermont H0621: This bill would allow certification of collective bargaining representatives through majority employee sign-up and voluntary employer recognition.
  • Democratic sponsorship.   
  • Read first time, referred to House General, Housing, and Military Affairs Committee on Jan. 13.
• Virginia HB335: This bill would allow public employees to bargain independently. It would prevent collective bargaining agreements from applying to non-member employees.
  • Republican sponsorship.
  • Introduced Jan. 11, committee referral pending.
• Virginia HB336: This bill would require a 51% vote of public employees in a collective bargaining unit to certify a bargaining representative in localities that have authorized collective bargaining. 
  • Republican sponsorship.
  • Introduced Jan. 11, committee referral pending.
• Virginia HB337: This bill would prohibit collective bargaining agreements from having a public employer provide compensation or compensated leave time for union activities. It would require unions to compensate public employers if union activities infringe upon their time or resources. 
  • Republican sponsorship.
  • Introduced Jan. 11, committee referral pending.
• Virginia HB341: This bill would require public employees to give consent before employers may deduct union dues from their pay, and it would allow employees to stop paying dues at any time. It would require annual reconfirmation of consent for union membership and dues deductions.
  • Republican sponsorship.
  • Introduced Jan. 11, committee referral pending.
• Virginia HB790: This bill would prevent localities from entering collective bargaining agreements with law enforcement employee associations if the agreements do not meet certain criteria.
  • Republican sponsorship.
  • Introduced Jan. 11, committee referral pending.
• Virginia SB264: This bill would allow state and local government employees, other than exempted employees, to organize and bargain collectively, and it would create a Public Employee Relations Board. It would require public employers and employee organizations to negotiate in good faith.
  • Democratic sponsorship.
  • Referred to Senate Commerce and Labor Committee Jan. 11.
• Washington HB1764: This bill would stipulate new requirements for collective bargaining negotiations and arbitration between the University of Washington School of Medicine and residents and fellows who have the right to bargain collectively.
  • Democratic sponsorship.
  • Public hearing in the House Labor & Workplace Standards Committee held Jan. 14.
• Washington HB1771: This bill would allow family child care providers to bargain collectively over defined contribution retirement benefits.
  • Democratic sponsorship.
  • Public hearing in the House Labor & Workplace Standards Committee held Jan. 14.
• Washington HB1806: This bill would give state legislative branch employees the right to bargain collectively. 
  • Democratic sponsorship.
  •  First reading, referred to House Labor & Workplace Standards Committee Jan. 10.
• Washington SB5579: This bill would give Washington Management Service personnel the right to bargain collectively.   
  • Democratic sponsorship.
  • First reading, referred to Senate Labor, Commerce & Tribal Affairs Committee Jan. 10.
• Washington SB5773: This bill would give state legislative branch employees the right to bargain collectively. 
  • Democratic sponsorship.
  • First reading, referred to Senate Labor, Commerce & Tribal Affairs Committee Jan. 11.
• West Virginia HB3124: This bill would outline rights and procedures for public employee collective bargaining. 
  • Democratic sponsorship.
  • Referred to House Government Organization Committee Jan. 12.