Three public-sector union bills have advanced from state senates so far this year

Ballotpedia is currently tracking 78 pieces of legislation dealing with public-sector employee union policy. So far, state senates have passed three of those bills. Republicans sponsored two of the bills, and Democrats sponsored one. Here’s a run-down of the three bills. 

Washington SSB5055

The Washington state Senate passed SSB5055, a substitute bill for SB5055, on Feb. 18. Originally, this Democratic-sponsored bill amended state law to include the following: “Public employers of law enforcement personnel may not enter into a collective bargaining agreement that prevents the implementation of, alters, or suppresses a city or county ordinance or charter establishing civilian review of the discipline of law enforcement personnel.” 

The Senate Labor, Commerce & Tribal Affairs Committee passed a substitute bill on Feb. 3 that would instead “[establish] an arbitrator selection procedure for grievance arbitrations for law enforcement personnel that applies to all disciplinary grievance arbitrations heard on or after January 1, 2022,” and “[require] the Public Employment Relations Commission to appoint a roster of 9 to 18 arbitrators who hear disciplinary grievances for law enforcement personnel on a rotating basis.” To view the full text of the substitute bill, click here. 

The bill passed the Senate 41-8, with 13 Republicans supporting the bill and one Democrat voting against. It was referred to the House Labor & Workplace Standards Committee on Feb. 24.

Democrats have held a trifecta in Washington since 2017. 

Indiana SB0251

The Indiana state Senate passed Republican-sponsored SB0251 on Feb. 18. This bill would allow a school employee to leave a union at any time. It would also require an employee to annually authorize any payroll deductions of union dues. The bill was referred to the Committee on Pensions and Labor in January and amended in committee. To view the latest version, click here.

The Senate passed the bill 27-22, with 12 Republicans voting against. It was referred to the House on Feb. 19. 

Republicans have held trifecta control of Indiana state government since 2011. 

New Hampshire SB61

The New Hampshire state Senate passed SB61 on Feb. 11. The Republican-sponsored bill says, in part, that “all persons shall have, and shall be protected in the exercise of, the right freely, and without fear of penalty or reprise, to form, join, or assist labor organizations, or to refrain from any such activity.” To view the full text of the bill, click here. 

The Senate approved the bill 13-11. One Republican, Sen. Sharon Carson, and all 10 Democrats voted against. The bill now goes to the New Hampshire House of Representatives.

Republicans won control of the state Senate in 2020, changing a 10-14 minority to a 14-10 majority. Republicans also gained a majority in the state House, resulting in a state government trifecta, as New Hampshirites re-elected Republican Gov. Chris Sununu. 

In 2020, states passed five bills in public-sector union policy, compared to nine in 2019 and 30 in 2018.

What we're reading

• Center for Economic and Policy Research, “Public Sector Unions Mean Middle-Class Jobs for Black Workers,” Feb. 25, 2021
   
• Wisconsin Public Radio, “Evers' Budget Would Restore Some Union Rights Repealed By Act 10,” Feb. 22, 2021
   
• WVNS 59News, “WV Senate passes bill that cracks down on public employee strikes,” Feb. 22, 2021

The Big Picture

Number of relevant bills by state

We are currently tracking 78 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. 

• Maine LD449: Existing law requires public employers and collective bargaining agents to meet within 10 days of receiving written notice of a request for a bargaining meeting.  This applies only if the parties have not otherwise agreed in an earlier contract. This bill would eliminate that exception.
  • Democratic sponsorship. 
  • Labor and Housing Committee hearing scheduled for March 1. 
     
• 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. 
  • Introduced and referred to the Labor and Housing Committee on Feb. 22. 
     
• Maryland HB1321: 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. 
  • House Economic Matters Committee hearing scheduled for March 5. 
     
• Maryland SB556: This bill would establish a separate collective bargaining unit for teachers at the Maryland School for the Deaf.
  • Democratic sponsorship. 
  • Senate Finance Committee hearing Feb. 25. 
     
• Maryland SB746: This bill would establish collective bargaining rights for certain community college employees.
  • Democratic sponsorship. 
  • Senate Finance Committee hearing scheduled for March 4. 
     
• Missouri SB118: 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. 
  • Senate General Laws Committee hearing Feb. 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. 
  • Senate General Laws Committee hearing Feb. 23.
     
• Montana SB228: This bill would allow a public employee to withdraw from a union and cease paying dues by providing 14 days' written notice. It would also prohibit an employee who withdraws from a union from rejoining that union for one year.
  • Republican sponsorship. 
  • Senate State Administration Committee hearing Feb. 24. 
     
• New Hampshire HB206: This bill would establish that collective bargaining strategy discussions in which only one party is involved would not be subject to the state's right-to-know law.
  • Republican sponsorship. 
  • House Judiciary Committee executive session scheduled for March 2. 
     
• Oklahoma HB2747: This bill would eliminate the Public Employees Relations Board. It would direct 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. 
  • House Rules Committee hearing Feb. 25. 
     
• Oklahoma SB634: This bill would require annual authorizations for payroll dues deductions for school employees.
  • Republican sponsorship.
  • Senate Judiciary Committee reported favorably with amendment Feb. 23. 
     
• 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. 
  • Senate Education Committee scheduled for March 3. 
     
• Tennessee SJR0002: A proposed 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. 
  • Senate Commerce And Labor Committee reported favorably Feb. 23. 
     
• Washington SB5055: This bill would prohibit law enforcement personnel from entering into collective bargaining agreements that prevent, prohibit, or otherwise alter local government ordinances or charters providing for "civilian review of law enforcement personnel."
  • Democratic sponsorship.
  • Senate passed Feb. 18. Referred to House Labor and Workplace Standards Committee Feb. 24.