Public-sector union policy in the United States, 2018-2023
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This page covered public-sector union policy, legislation, and litigation in the United States from 2018 to 2023.
On June 27, 2018, the Supreme Court of the United States issued its decision in Janus v. American Federation of State, County, and Municipal Employees (Janus v. AFSCME), a case concerning the constitutionality of public-sector labor union agency fees. In its 5-4 decision, the court ruled that being required to give any financial support to a union violates employees' rights under the First Amendment to the United States Constitution. With Janus, the high court overturned the precedent established in Abood v. Detroit Board of Education (1977) that had permitted public-sector unions to collect agency fees to support non-political activities such as collective bargaining efforts and administrative work.[1][2]
In anticipation of and in response to this ruling, bills relating to public-sector employee unions were introduced in state legislatures across the United States. This article covered public-sector union policy, legislation, and litigation in the United States from 2018 to 2023.
Background
Generally, members of an employee union pay fees to that union. These fees support the union's activities, which can include collective bargaining and contract administration, as well as political activities, such as lobbying. Some public-sector employees do not wish to join a union, and some are opposed to unions' political activities. In 1977, the Supreme Court of the United States ruled in Abood v. Detroit Board of Education that employees cannot be required to give financial support to a union's political activities. However, the court found that it was not a violation of employees' rights under the First Amendment to the United States Constitution to require them to pay fees to support union activities from which they benefit, such as collective bargaining. This ruling was overturned by Janus, which held that such fees are not constitutional.[3]
Public-sector collective bargaining laws in the U.S.
This section provides an overview of public-sector collective bargaining laws in the United States as of 2023. In the maps below, states are categorized by whether they prohibit collective bargaining for public employees, permit voluntary collective bargaining, or whether public employers have a duty to bargain with unions. Due to variations across state laws, the distinctions between these categories are imprecise. In addition, while the maps below focus on miscellaneous local employees, public school employees, and public safety employees, many states have laws addressing other categories of public employees, as well.
Moreover, according to the Economic Policy Institute (EPI), "Classifying states by collective bargaining rights is not as straightforward as it might seem. Many states either lack laws on public-sector bargaining or rely on vague statutes and case law that can be interpreted in different ways. ... In many states, there is no statewide right to collective bargaining, but local jurisdictions may allow or even require it."[4] EPI describes itself as a "think tank to focus on the economic condition of low- and middle-income Americans and their families."[5]
According to the Center for Economic and Policy Research (CEPR), "While the unionization of most private-sector workers is governed by the National Labor Relations Act (NLRA), the legal scope of collective bargaining for state and local public-sector workers is the domain of states and, where states allow it, local authorities. ... At the state-and-local level, the right to bargain collectively, the scope of collective bargaining, and the right to strike in connection with union activity is determined by a combination of state laws and case law. The interpretations of the relevant laws and court interpretations, and the frequent silences of both legislators and the courts with respect to specific types of public-sector workers in particular legal jurisdictions, makes it difficult to summarize the legal state of play across 50 states, Washington, DC, and thousands of local jurisdictions."[6] CEPR says it "was established ... to promote democratic debate on the most important economic and social issues that affect people’s lives."[7] In 2021, the Washington Post described EPI and CEPR as "two of the most prominent think-tanks on the left."[8]
Additionally, the National Council on Teacher Quality (NCTQ) says, "Not only do states define the obligation of districts to bargain, but they also decide what issues can be negotiated." The NCTQ says its work "covers a variety of issues related to teacher quality, including teacher preparation and licensure; evaluation and tenure; compensation and retirement benefits; and dismissal and layoff policies."[9]
In addition to the collective bargaining maps below, the final map provides information about laws addressing public-sector strikes.
Miscellaneous local employees
As defined by the Economic Policy Institute (EPI), miscellaneous local employees refers to "local government workers who are not teachers or teaching assistants, police, or firefighters."[4] The map below categorizes states by whether they prohibit collective bargaining for miscellaneous local employees, permit voluntary collective bargaining, or whether public employers have a duty to bargain with unions. Hover over states for more details, as available.[10][4][6]
Public school employees
The map below categorizes states by whether they prohibit collective bargaining for public school employees, permit voluntary collective bargaining, or whether public employers have a duty to bargain with unions. Hover over states for more details, as available.[10][4][11][12][6]
Public safety employees
The map below categorizes states by whether they prohibit collective bargaining for public safety employees, permit voluntary collective bargaining, or whether public employers have a duty to bargain with unions. Hover over states for more details, as available.[10][13][4][6]
Public-sector strikes
The map below categorizes states based on the legality of public-sector strikes.[10][6]
Enacted bills by year, 2018-2023
The following spreadsheets show relevant bills enacted by state legislatures from 2018 to 2023.
2023
2022
2021
2020
2019
2018
Relevant legislation by year, 2018-2023
2023
The following is a list of bills related to public-sector employee unions considered by state legislatures in 2023. To learn more about each of these bills, click the bill title. The following tabs (listed at the bottom of the embedded spreadsheet) filter the bills according to the named criteria:
- Democratic bills: This tab includes bills sponsored solely by Democrats.
- Republican bills: This tab includes bills sponsored solely by Republicans.
- Bipartisan bills: This tab includes bills sponsored by at least one Democrat and at least one Republican.
- Enacted bills: This tab includes only those bills that were enacted into law.
2022
The following is a list of bills related to public-sector employee unions considered by state legislatures in 2022. To learn more about each of these bills, click the bill title. The following tabs (listed at the bottom of the embedded spreadsheet) filter the bills according to the named criteria:
- Democratic bills: This tab includes bills sponsored solely by Democrats.
- Republican bills: This tab includes bills sponsored solely by Republicans.
- Bipartisan bills: This tab includes bills sponsored by at least one Democrat and at least one Republican.
- Enacted bills: This tab includes only those bills that were enacted into law.
2021
The following is a list of bills related to public-sector employee unions considered by state legislatures in 2021. To learn more about each of these bills, click the bill title. The following tabs (listed at the bottom of the embedded spreadsheet) filter the bills according to the named criteria:
- Democratic bills: This tab includes bills sponsored solely by Democrats.
- Republican bills: This tab includes bills sponsored solely by Republicans.
- Bipartisan bills: This tab includes bills sponsored by at least one Democrat and at least one Republican.
- Enacted bills: This tab includes only those bills that were enacted into law.
2020
For information from 2020, click "[Show more]" below.
The following is a list of bills related to public-sector employee unions considered by state legislatures in 2020. To learn more about each of these bills, click the bill title. The following tabs (listed at the bottom of the embedded spreadsheet) filter the bills according to the named criteria:
- Democratic bills: This tab includes bills sponsored solely by Democrats.
- Republican bills: This tab includes bills sponsored solely by Republicans.
- Bipartisan bills: This tab includes bills sponsored by at least one Democrat and at least one Republican.
- Enacted bills: This tab includes only those bills that were enacted into law.
2019
For information from 2019, click "[Show more]" below.
The following is a list of bills related to public-sector employee unions that were considered by state legislatures in 2019. To learn more about each of these bills, click the bill title. The following tabs (listed at the bottom of the embedded spreadsheet) filter the bills according to the named criteria:
- Democratic bills: This tab includes bills sponsored solely by Democrats.
- Republican bills: This tab includes bills sponsored solely by Republicans.
- Bipartisan bills: This tab includes bills sponsored by at least one Democrat and at least one Republican.
- Enacted bills: This tab includes only those bills that were enacted into law.
2018
For information from 2018, click "[Show more]" below.
The following is a list of bills related to public-sector employee unions that were introduced in or passed by state legislatures in 2017 and 2018. To learn more about each of these bills, click the bill title. The following tabs (listed at the bottom of the embedded spreadsheet) filter the bills according to the named criteria:
- Democratic bills: This tab includes bills sponsored solely by Democrats.
- Republican bills: This tab includes bills sponsored solely by Republicans.
- Bipartisan bills: This tab includes bills sponsored by at least one Democrat and at least one Republican.
- Enacted bills: This tab includes only those bills that were enacted into law.
- Appropriations bills: This tab includes appropriations bills containing provisions relevant to public-sector unions.
Relevant litigation, 2018-2023
After the Janus ruling, Ballotpedia began tracking lawsuits related to public-sector union policy. Among the most common questions raised in these cases:
- Whether public-sector unions could be held liable for refunding agency fees paid before Janus;
- Whether public-sector unions may continue to collect union dues from an employee who left the union if there was a pre-existing agreement that membership or dues authorization may only be revoked during a certain window;
- Whether exclusive bargaining representation violated non-union members’ First Amendment rights;
- Whether mandatory bar association dues should be reconsidered in light of Janus.
The spreadsheet below displays information about lawsuits related to public-sector union policy. It was last updated in 2023.
See also
Select a state on the map below to read more about public-sector employee union legislation in that state.
Footnotes
- ↑ SCOTUSblog, "Janus v. American Federation of State, County, and Municipal Employees, Council 31," accessed May 9, 2018
- ↑ Supreme Court of the United States, "Janus v. American Federation of State, County, and Municipal Employees: Opinion," June 27, 2018
- ↑ Oyez, "Abood v. Detroit Board of Education," accessed May 9, 2018
- ↑ 4.0 4.1 4.2 4.3 4.4 Economic Policy Institute, "Unions can reduce the public-sector pay gap," March 14, 2022
- ↑ Economic Policy Institute "About," accessed June 16, 2022
- ↑ 6.0 6.1 6.2 6.3 6.4 CEPR, "Regulation of Public Sector Collective Bargaining in the States," March 2014
- ↑ CEPR, "About Us," accessed June 16, 2022
- ↑ Washinton Post, "How Joe Biden tamed the left — at least for now," April 3, 2021
- ↑ National Council on Teacher Quality, "Request an Interview," accessed June 16, 2022
- ↑ 10.0 10.1 10.2 10.3 Commonwealth Foundation, "Grading State Public Sector Labor Laws," September 2022
- ↑ National Education Association, "The Benefits of Collective Bargaining in Public Education," January 2022
- ↑ NCTQ, "Collective Bargaining Laws," updated January 2019
- ↑ National Conference of State Legislatures, "Database: Collective Bargaining," Updated June 28, 2022
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