Happy New Year! Today we’ll look back at what happened to public-sector labor bills during the 2021 legislative year. Next week, we’ll give you a rundown of bills filed in 2022.

Highlights

• State legislatures either introduced or carried over from earlier sessions 112 bills related to public-sector labor policy in 2021.
• Fifteen relevant bills were enacted. 
• Democrats and Republicans sponsored a similar number of bills, with Republicans sponsoring 51 and Democrats sponsoring 50. The rest either had nonpartisan legislative backing, were bipartisan, or were committee bills.  

Overview

The following map shows which states considered public-sector labor legislation in 2021, with darker colors representing a higher number of bills.

Legislators in Maryland introduced the most public-sector labor bills in 2021—10—followed by Pennsylvania with nine and Oregon and Connecticut tied with seven. 

This chart shows the legislative status of each bill at the end of 2021:

Enacted legislation

The following 15 bills were enacted in 2021:

• Arkansas SB341: This bill prohibits collective bargaining on the part of certain public-sector employees. Read our coverage of the bill’s passage here. 
  • Republican sponsorship.
  • Gov. Asa Hutchinson (R) signed on April 8, 2021.       
• Connecticut SB00908: This bill requires public employers to furnish unions with personal information of employees belonging to the bargaining unit. It also requires employers to grant unions access to new employee orientations.
  • Originally introduced by the General Assembly’s Labor and Public Employees Committee. 
  • Gov. Ned Lamont (D) signed on June 4, 2021. 
• Delaware HB237: This bill grants select law enforcement officers the right of organization under the Police Officers’ and Firefighters’ Employment Relations Act.
  • Democratic sponsorship. 
  • Gov. John Carney (D) signed on Sept. 10, 2021. 
• Illinois HB2521: This bill allows electronic signatures on petitions submitted for selecting an exclusive bargaining representative. It allows certification elections to be conducted electronically. It also prohibits an employer from promising or taking action against an employee for participating in a strike.
  • Democratic sponsorship. 
  • Gov. J. B. Pritzker (D) signed on Aug. 27, 2021.
• Illinois SJRCA0011: A legislatively referred constitutional amendment that would guarantee employees the right to organize and bargain collectively through representatives they choose. Read more about this amendment here and here.
  • Bipartisan sponsorship. 
  • The Illinois House and Senate adopted this joint resolution in May 2021.
• Indiana SB0251: This bill establishes that a school employee can leave a union at any time. It also requires employees to annually authorize any payroll deductions of union dues. Read more about this bill here and its aftermath here. 
  • Republican sponsorship. 
  • Gov. Eric Holcomb (R) signed on April 22, 2021.  
• Maine LD52: This bill allows educational policies related to preparation and planning time and transfer of teachers to be subjects of collective bargaining negotiations.
  • Democratic sponsorship. 
  • Gov. Janet Mills (D) signed on June 8, 2021.
• Maryland SB138: This bill extends collective bargaining rights to employees of the Baltimore County Public Library. 
  • Democratic sponsorship. 
  • Enacted May 30, 2021.
• Maryland SB556: This bill establishes a separate collective bargaining unit for teachers at the Maryland School for the Deaf.
  • Democratic sponsorship. 
  • Enacted May 30, 2021.
• Oklahoma HB2747: This bill eliminates the Public Employees Relations Board. It directs municipal public employers to recognize unions as the exclusive bargaining agents for police officers or firefighters upon a majority vote of the members of the bargaining unit. 
  • Republican sponsorship. 
  • Gov. Kevin Stitt (R) signed on May 5, 2021. 
• Oregon SB580: This bill amends the law’s definition of “employment relations” to include class size and caseload limits as mandatory collective bargaining subjects for school districts. 
  • Democratic sponsorship. 
  • Gov. Kate Brown (D) signed on July 14, 2021. 
• Tennessee SJR0002: A legislatively referred 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. Read more about this amendment here. 
  • Republican sponsorship. 
  • The speakers of the Senate and House signed the joint resolution in May 2021. 
• Washington SB5133: This bill amends the definition of a “confidential employee” for the purposes of collective bargaining. 
  • Democratic sponsorship. 
  • Gov. Jay Inslee (D) signed on May 3, 2021. 
• West Virginia HB2009: This bill prohibits state, county, and municipal governments from deducting public union dues from paychecks. Read more here, here, and here.
  • Republican sponsorship.
  • Gov. Jim Justice (R) signed on March 30, 2021. 
• West Virginia SB11: This bill prohibits public-sector employees from striking. Read more about this bill here.
  • Republican sponsorship. 
  • Enacted on March 16, 2021. 

Compared to years past

This chart shows the number of public-sector labor bills Ballotpedia tracked each year from 2019 to 2021 and the number of those bills that were enacted each year: 

This chart shows a breakdown of the partisan affiliation of bill sponsors by year. The percentage of bills sponsored by Republicans increased in 2021.

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

What we’re reading

• Tallahassee Democrat, “Proposed legislation in Florida eyes public employee union dues,” Jan. 5, 2022 
• New York Times, “In a Clash With the Teachers’ Union, Chicago Cancels Classes for a Day,” Jan. 4, 2022  
• Merced Sun-Star, “Union membership declines slightly among telecommuting California state workers,” Jan. 3, 2022

The big picture

Number of relevant bills by state

We are currently tracking 59 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.

• 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 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. 
  • Filed Jan. 5.
• 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 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. 
  • Filed Jan. 4. 
• 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. 
  • Introduced Jan. 4. 
• 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 first reading scheduled for Jan. 12. 
• Missouri HB2121: 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. 
  • Read second time Jan. 6.
• Missouri HB2122: 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. 
  • Read second time Jan. 6.
• Missouri SB706: This bill would bar employers from requiring employees to become or refrain from becoming members of a union as a condition of employment in counties that adopt the provisions of the section.
  • Republican sponsorship. 
  • First read Jan. 5. 
• 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. 
  • First read Jan. 5. 
• Missouri SB880: 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. 
  • First read Jan. 5. 
• Nebraska LB684: This bill would prohibit public school employers and unions from placing restrictions on when employees can join or leave unions.
  • Carried over Jan. 5.
• 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 does not agree to pay.
  • Democratic sponsorship. 
  • Assembly Appropriations Committee hearing Jan. 6. 
• 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 does not agree to pay.
  • Democratic sponsorship. 
  • Senate Budget and Appropriations hearing Jan. 6.