The suit alleges that the union unconstitutionally barred employees from opting out of union membership.
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Welcome to _Union Station_, our weekly newsletter that keeps you abreast of the legislation, national trends, and public debate surrounding public-sector union policy.



** UNIV. OF WASHINGTON EMPLOYEE SUES SEIU OVER MEMBERSHIP OPT-OUT PROVISIONS
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On Jan. 20, an employee of the University of Washington filed a class-action lawsuit in U.S. District Court, alleging that her union, Service Employees International Union (SEIU) 925, had unconstitutionally barred her and other employees from opting out of union membership.

WHO ARE THE PARTIES TO THE SUIT?
The lead plaintiff is Charlene Wagner, a fiscal specialist for the state university system. She is represented by the Freedom Foundation ([link removed]) , a nonprofit think tank and litigation firm whose self-described mission is "to advance individual liberty, free enterprise, and limited, accountable government." The Freedom Foundation is currently involved in approximately 60 lawsuits concerning public-sector union practices in the aftermath of Janus v. AFSCME ([link removed]) .

The main defendant is Service Employees International Union (SEIU) 925 ([link removed]) , which represents about 17,000 education workers in Washington, making it one of the largest public-sector unions in the state. The University of Washington is also named as a defendant.

WHAT IS AT ISSUE?
In October 2018, Wagner sought to opt out of union membership and cancel her dues deduction authorization. SEIU 925 informed her that the membership agreement she had signed limited opt-outs to an annual two-week period (in this case, from April 29, 2019, to May 14, 2019).

Wagner and her attorneys argue that "dues are being seized under an unconstitutional [state] law that gives the union sole discretion over who the university – a state actor – is and isn't authorized to deduct dues from." They also allege that "a union cannot impose an irrevocability provision, containing a narrow opt-out window, on union nonmembers without a knowing First Amendment waiver."

WHAT ARE THE REACTIONS?
In a press release ([link removed]) , Freedom Foundation Senior Litigation Counsel James Abernathy said, "The whole point of _Janus _is to protect the First Amendment rights of public employees to not support a labor union. State laws that try to limit those rights are unconstitutional regardless of whether they were passed before or after _Janus_. … We shouldn’t have to keep relitigating the same issues, but SEIU 925 apparently believes it can disregard laws it doesn’t like."

As of Jan. 24, neither SEIU 925 nor the University of Washington have commented publicly on the suit.

WHAT COMES NEXT?
The suit was filed in the U.S. District Court for the Western District of Washington. It has been assigned to Judge Barbara Rothstein ([link removed]) . Rothstein was first appointed to the federal bench by President Jimmy Carter (D). The case name and number are _Wagner v. University of Washington_ (2:20-cv-00091).

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** WHAT WE'VE BEEN READING
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* St. Louis Post-Dispatch, "Missouri unions add 47,000 members, putting total at a 15-year high," Jan. 23, 2020 ([link removed])
* The Spokesman-Review, "City, county now require open union negotiations, but they haven’t happened – and may never," Jan. 23, 2020 ([link removed])
* Washington Examiner, "Union membership falls to lowest share on record," Jan. 22, 2020 ([link removed])
* The Daily Iowan, "Judge affirms state board’s remedy for Iowa regents in collective-bargaining dispute," Jan. 16, 2020 ([link removed])


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** THE BIG PICTURE
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** _NUMBER OF RELEVANT BILLS BY STATE_
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We are currently tracking 66 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 ([link removed]) for a complete list of all the bills we're tracking.




** _NUMBER OF RELEVANT BILLS BY CURRENT LEGISLATIVE STATUS_
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** _NUMBER OF RELEVANT BILLS BY PARTISAN STATUS OF SPONSOR(S)_
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** RECENT LEGISLATIVE ACTIONS
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Below is a complete list of relevant legislative actions taken since our last issue. Bills are listed in alphabetical order, first by state then by bill number.

* HAWAII SB2770 ([link removed]) : This bill would require public employers to reimburse unions for costs associated with collective bargaining, contract administration, etc.

* Introduced Jan. 17 and passed first reading in Senate Jan. 21.

* IOWA HF2074 ([link removed]) : This bill requires that negotiations between public employers and employees include terms authorizing dues deduction checkoffs for employees who are union members. This bill also repeals a prohibition on public employers from authorizing or administering dues deductions.

* Introduced and referred to House Labor Committee Jan. 22.

* IOWA HF2075 ([link removed]) : This bill would eliminate statutory language providing for public-sector union retention and recertification elections. It would also make other changes to the laws governing such elections.

* Introduced and referred to House Labor Committee Jan. 22.

* MARYLAND HB214 ([link removed]) : This bill would grant collective bargaining rights to graduate assistants in the University of Maryland system, Morgan State University, and St. Mary's College. House Appropriations

* Committee hearing scheduled Jan. 23.

* NEW HAMPSHIRE HB1290 ([link removed]) : This bill would require the state public employee labor relations board to permit employees to vote by mail in certification elections.

* House Labor, Industrial, and Rehabilitative Services Committee hearing scheduled Jan. 23.

* NEW HAMPSHIRE HB1399 ([link removed]) : This bill would allow a bargaining unit to request certification of its union/representative. House Labor,

* Industrial, and Rehabilitative Services Committee hearing scheduled Jan. 23.

* NEW MEXICO SB110 ([link removed]) : This bill would make various amendments to the state's public-sector labor relations laws.

* Introduced Jan. 21.

* WASHINGTON HB1333 ([link removed]) : This bill would alter the definition of a public employee under the state's public employee collective bargaining law.

* House Appropriations Committee executive session scheduled Jan. 23.

* WASHINGTON HB2017 ([link removed]) : This bill would establish collective bargaining rights for administrative law judges. This bill deals with the same subject as SB6224.

* House Appropriations Committee hearing scheduled Jan. 22.

* WASHINGTON SB6224 ([link removed]) : This bill would establish collective bargaining rights for administrative law judges. This bill deals with the same subject as HB2017.

* Senate Labor and Commerce Committee hearing scheduled Jan. 20.

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