On Feb. 15, the Virginia House of Delegates passed five Republican-sponsored bills dealing with public-sector union policy. The bills are now in committee in the Senate, where Democrats hold a majority. 

About the bills

The Virginia House of Delegates passed the following five bills on Feb. 15: 

• Virginia HB336: This bill would require a 51% vote by public employees in a collective bargaining unit to certify a bargaining representative in localities that have authorized collective bargaining. Del. Nicholas Freitas (R) sponsored the bill. The House passed committee substitute bill HB336H1 53-47. One delegate whose vote was recorded in favor of the bill intended to vote against it. 

• 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. The House passed this bill, also sponsored by Freitas, 52-48. 

• Virginia HB341: This bill, also sponsored by Freitas, would give public employees the right to resign from a union and stop paying dues at any time. It would require public employees to give written consent before employers may deduct union dues from their pay, and it would prescribe the wording of the authorization form. The bill would require annual reconfirmation of consent for union membership and dues deductions. The bill would also require employers to annually notify employees they have the right to resign from a union and provide an average of the dues they would pay. The House passed committee substitute bill HB341H1 52-48.

• 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. Dels. David LaRock (R), Freitas, Karen Greenhalgh (R), Wendell Walker (R), and Wren Williams (R) sponsored this bill. The House passed this bill 52-47.
  
• Virginia HB883: This bill would repeal provisions allowing local governments to bargain collectively with their employees upon adopting an authorizing ordinance or resolution. Del. Kathy Byron (R) and 23 other Republicans sponsored this bill. The House passed committee substitute HB883H1 52-47.

All five bills were referred to the Senate Commerce and Labor Committee on Feb. 16.  

Political context

Republicans currently control the Virginia House of Delegates, and Democrats control the Senate.

Gov. Glenn Youngkin (R) defeated former Gov. Terry McAuliffe (D) in November, becoming the first Republican to win a statewide election in Virginia since 2009. Republicans secured a 52-48 majority in the House after the 2021 election, gaining control of the chamber. Democrats gained control of the state Senate in 2019, the last year elections were held for that chamber, and currently hold a 21-19 majority.

In a Jan. 21 news release, Youngkin included HB883 and SB374, its Senate version, on a list of his “Day One Game Plan” legislative agenda priorities. On Jan. 31, the Senate Commerce and Labor Committee voted 12-3 to kill SB374, which was sponsored by Sen. Mark Obenshain (R).

According to the Richmond Times-Dispatch’s Patrick Wilson, “Despite last year’s Republican wins statewide and for control of the House of Delegates, Democrats are using their 21-19 edge in the Senate to stop GOP legislation. … As of now, if Republicans want to get anything to the governor’s desk, it generally needs to get approval of Senate Democrats.” 

The Virginia General Assembly approved legislation in 2020, when Democrats had trifecta control of the state government, repealing Virginia’s prohibition of public-sector collective bargaining. The legislation allows local governments to bargain collectively with their employees upon adopting an authorizing ordinance or resolution. The final legislation was the product of a joint conference committee compromise between two competing bills: House Bill 582 and Senate Bill 939. Former Gov. Ralph Northam (D) signed the bills on April 22, 2020, and they went into effect on May 1, 2021.

What we’re reading

• Oregon Public Broadcasting, “Washington legislative staffers stage sick-out after unionization bill dies,” Feb. 17, 2022
• Des Moines Register, “Iowa ordered to pay $2 million to union for uncollected union dues, unpaid overtime,” Feb. 11, 2022
• Colorado Newsline, “Democrats rally at Capitol to support public workers labor rights bill opposed by Gov. Polis,” Feb. 10, 2022

The big picture

Number of relevant bills by state

We are currently tracking 105 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 AB2261: This bill would shorten the time within which unions must make financial records available after the end of the fiscal year from 90 days to 60 days. 
  • Republican sponsorship. 
  • Introduced, read first time Feb. 16. May be heard in committee March 19.  
• California SB931: This bill would allow a union to bring a claim before the Public Employment Relations Board against a public employer allegedly in violation of California Government Code Section 3550 and sets civil penalties for violations. Section 3550 prohibits public employers from discouraging union membership. 
  • Democratic sponsorship.
  • Referred to Senate Labor, Public Employment and Retirement Committee and Senate Judiciary Committee Feb. 16.  
• Colorado SB109: This bill would prohibit public employees and unions from carrying out certain actions including strikes and work slowdowns. It would give public employers permission to seek a court injunction against such actions.
  • Republican sponsorship.
  • Senate State, Veterans, & Military Affairs Committee postponed indefinitely Feb. 15. 
• Illinois HB4960: This bill would apply the definitions of “confidential employee,” “managerial employee,” and “supervisor” in the Illinois Public Labor Relations Act to all public employees. It would prevent any public employee position from being excluded from a bargaining unit before the position is filled.  
  • Democratic sponsorship.
  • House Labor & Commerce Committee hearing held Feb. 16.
• Illinois HB5009: This bill would provide that terminations or more than 30-day suspensions of peace officers resulting from arbitration are subject to judicial review. It would set certain conditions of enforceability for written agreements about grievance procedures between law enforcement agencies and peace officer bargaining units. It would require the Illinois Labor Relations Board to adopt certain rules for law enforcement officers.
  • Democratic sponsorship.
  • House Police & Fire Committee hearing held Feb. 17.
• Indiana SB0297: This bill would amend the language of the authorization form school employees must sign before union dues may be deducted from their pay.
  • Republican sponsorship.
  • House Employment, Labor and Pensions Committee reports “do pass” Feb. 17.
• Iowa HF2404: This bill would include amending and reconsidering the composition of bargaining units, in addition to determining appropriate bargaining units, among the duties of the public employment relations board.
  • Democratic sponsorship.
  • Introduced and referred to House State Government Committee Feb. 16. 
• Kansas SB511: This bill would establish that public employees may revoke authorization for employers to withhold union dues from their wages by submitting a written or emailed request to the employer, and employers must immediately cease withholding dues. The bill requires public employers to provide an annual written notification of rights and a request form to employees. The bill also requires public employees to annually renew their dues withholding authorization by signing a form with language stipulated by the bill. Employers must confirm the authorization by email before withholding dues. 
  • Sponsored by Senate Federal and State Affairs Committee.
  • Referred to Senate Commerce Committee Feb. 16.
• 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.
  • Senate accepted Joint Labor and Housing Committee “ought not to pass” report, placed in legislative files Feb. 16.
• Maryland HB458: This bill would require the involvement of a neutral arbitrator in the collective bargaining process for state employees. 
  • Democratic sponsorship.
  • House Appropriations Committee hearing Feb. 15.
• Maryland HB504: This bill would authorize school employees to strike.
  • Democratic sponsorship.
  • House Ways and Means Committee hearing scheduled for Feb. 17 canceled.
• Maryland HB751: 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. 
  • House Appropriations Committee hearing Feb. 15.
• Maryland HB1225: This bill would extend collective bargaining rights to certain Harford County Public Library employees. It would prohibit employees from striking. 
  • Democratic sponsorship.
  • House Appropriations Committee hearing scheduled for March 8.
• Maryland SB472: This bill would require the involvement of a neutral arbitrator in the collective bargaining process for state employees. 
  • Democratic sponsorship.
  • Senate Budget and Taxation Committee hearing held Feb. 16.
• Massachusetts S1245: This bill would amend the laws governing strikes by public-sector workers.
  • Bipartisan sponsorship.
  • On Feb. 17, the Joint Labor and Workforce Development Committee referred an order to the Joint Rules Committee authorizing the Labor and Workforce Development Committee to investigate and study certain Senate documents.
• Minnesota SF3241: This bill would prevent unions representing law enforcement officers from using pattern bargaining. 
  • Republican sponsorship.
  • Introduced, read first time, and referred to the Senate State Government Finance and Policy and Elections Committee Feb. 17. 
• 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.
  • House Labor, Industrial and Rehabilitative Services Committee executive session scheduled for Feb. 24.
• Virginia HB336: This bill would require a 51% vote by public employees in a collective bargaining unit to certify a bargaining representative in localities that have authorized collective bargaining. 
  • Republican sponsorship.
  • Committee substitute HB336H1 passed House Feb. 15. Referred to Senate Commerce and Labor Committee Feb. 16. 
• 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.
  •  Passed House Feb. 15. Referred to Senate Commerce and Labor Committee Feb. 16.
• Virginia HB341: This bill would give public employees the right to resign from a union and stop paying dues at any time. It would require public employees to give written consent before employers may deduct union dues from their pay, and it would prescribe the wording of the authorization form. The bill would require annual reconfirmation of consent for union membership and dues deductions. The bill would also require employers to annually notify employees they have the right to resign from a union and provide an average of the dues they would pay.
  • Republican sponsorship.
  • Committee substitute HB341H1 passed House Feb. 15. Referred to Senate Commerce and Labor Committee Feb. 16.
• 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.
  • Passed House Feb. 15. Referred to Senate Commerce and Labor Committee Feb. 16.
• Virginia HB883: This bill would repeal provisions allowing local governments to bargain collectively with their employees upon adopting an authorizing ordinance or resolution.
  • Republican sponsorship.
  • Committee substitute HB883H1 passed House Feb. 15. Referred to Senate Commerce and Labor Committee Feb. 16.