Holcomb signs bill allowing Indiana teachers to resign from unions at any time, requiring annual authorization for payroll deductions

Indiana Gov. Eric Holcomb (R) signed Senate Bill 251 on April 22. The bill allows teachers to resign from their union at any time and requires teachers to authorize union payroll deductions on a yearly basis.  

About the bill

The Republican-sponsored bill states that school employees “[have] the right to resign from, and end any financial obligation to, a school employee organization at any time.” It also states, “Authorizations 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.” 

The attorney general must notify schools of the law’s provisions, and provide them with the required authorization form, each year.

The bill passed the Senate 28-22 in February, with 12 Republicans voting against it. The House passed the bill 58-34 on April 6 and returned it to the Senate without amendments. Holcomb signed it into law on April 22. The bill goes into effect on July 1, 2021.   

Republicans have had trifecta control in Indiana since 2011. Holcomb assumed office in 2017 and was re-elected in 2020, defeating Woody Myers (D) 57-32%. 

A similar bill currently in the Florida state Senate would apply to all public employees. 

Perspectives

Supporting

Bill sponsor Rep. Chuck Goodrich (R) said the bill “gives all teachers a voice by empowering them to make their own decisions.” 

The Mackinac Center for Public Policy’s Workers for Opportunity initiative promoted the bill.  Senior fellow F. Vincent Vernuccio said, “Indiana is leading the nation in protecting the rights of school employees. … Sen. Philip Boots and Rep. Chuck Goodrich should be commended for ensuring that school employees across the state are made aware of their First Amendment rights and can exercise their rights at any time. This is a positive step towards protecting workers across Indiana.” 

Opposing 

Rep. Mike Andrade (D) said, “We continue to pass legislation that continues to hurt our teachers. … We are losing them by the droves in our state.”

Anderson Federation of Teachers Local 519 president Randy Harrison said, “It’s going to create more paperwork, to the tune of roughly 500 people in Anderson that are going to have to re-up as members every year. … So, it’s going to create an undue burden on not only the union office, but it will also create that on the payroll and the business office.” 

What we’re reading

• Florida Politics, “Republican union members speak out against GOP union dues bill,” April 20, 2021
• The New York Times, “Teachers’ Union Backs Stringer for N.Y.C. Mayor, Giving Him a Boost,” April 19, 2021
• nwLaborPress.org, “Staff at the Oregon Legislature can unionize, Board rules,” April 14, 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. 

• California AB1484: This bill would prohibit a public school employer from deducting the amount of a fair share service fee or alternative fee from a public school employee’s pay unless the employer has received permission from the employee. It would also require an employee’s authorization to only be valid for the calendar year in which it is given, unless terminated. 
  • Republican sponsorship.
  • Read second time and amended April 20. Re-referred to Assembly Public Employees and Retirement Committee April 21. 
• 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.
  • Added to second reading calendar April 20.
• 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 20. 
• 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. 
  • House Labor and Commerce Committee recommended amendment April 22. 
• 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.
  • Gov. Eric Holcomb (R) signed April 22. 
• Maine LD97: This bill would bar public-sector and private-sector employers from requiring employees to join or pay dues to a union as a condition of employment. 
  • Republican sponsorship.
  • Labor and Housing Committee reported “Ought Not To Pass”/”Ought To Pass As Amended.”
• 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 April 23. 
• Missouri SB244: This bill would require employees to authorize deductions before public employers begin deducting union dues or fees from employees’ paychecks. It would also require “clear and compelling evidence that the authorization was freely given.” 
  • Republican sponsorship.
  • Placed on informal calendar for perfection beginning April 26. 
• 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. 
  • Placed on calendar for a voice vote April 26. 
• 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.
  • Placed on regular calendar for April 26. 

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