state-laws-teachers-bargaining

TEACHER MONOPOLY BARGAINING, COMPULSORY UNIONISM & DEDUCTION REVOCATION TABLE (Updated 5/15/2021)

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MODEL 1       Mandatory monopoly (collective) bargaining – 34 states and the District of Columbia.

MODEL 2       No mandatory monopoly bargaining statute, but bargaining is not illegal and does occur at the will of the local school board – 9 states.

MODEL 3       Monopoly bargaining is illegal or not accepted – 7 states.

STATE NAMEMONOPOLY BARGAINING STATUTEMONOPOLY BARGAINING TOLERATEDMANDATORY SUBJECTS OF BARGAININGCOMPULSORY UNIONISM/ AGENCY SHOP[2]DUES DEDUCTIONSDEDUCTION REVOCATION STATUTES[3]
ALABAMA (Model 2)NoYes, in a very limited way[4]N/ANo – RTW  Ala. Code  § 25-7-30 (may not apply to public employees see id. § 25-7-43) & Ala. Const. art. I, § 36.05  Automatic, based upon membership lists provided by employee’s organization submitted no later than Nov. 10 of each year. Ala. Code § 16-22-6Ala. Code § 36-1-4.4: Stipulates that when employees return to work, the wage assignments that they previously agreed to will resume, unless the employee revokes the assignment in writing. Ala. Code § 16-22-6: voluntary contributions may be revoked with 30 days written notice.
ALASKA (Model 1)Alaska Stat. §§ 23.40.070N/AEmployment & fulfillment of professional duties[5]Yes – Alaska Stat. §§ 23.40.110(b)[6]Upon written authorization of the employee. Alaska Stat. § 23.40.220 
ARIZONA (Model 3)No[7]No – Ariz. Atty. Gen. Op. No. I06-004[8]N/ANo – RTW Ariz. Rev. Stat. Ann. § 23-1301[9] & Ariz. Const. art. XXVUpon written employee authorization, subject to limitations. Ariz. Rev. Stat. § 38-612(c)(3)Ariz. Rev. Stat. Ann. § 23-351(D): Employee may revoke a wages assignment for a “financial institution” because it is voluntary.  Analogous to an employee voluntarily assigning wages in order to pay for union dues.   
ARKANSAS (Model 3)NoNo – Ark. Code Ann. §21-1-801N/ANo – RTW Ark. Code Ann. § 11-3-303 & Ark. Const. amend. 34, § 1Upon written permission from employee. Ark. Code Ann. § 6-17-805Ark. Code Ann. § 19-4-1602(b):  Requests to have union dues deducted from paychecks must be made in writing, at which time the dues will be remitted to the organization.
CALIFORNIA (Model 1)Cal. Gov’t Code § 3540Yes – Cal. Gov’t Code § 3543.1(d)Matters within the scope of representation[10]Yes – Cal. Gov’t Code §§ 3540.1(I) & 3546[11],[12]Fees were automatic, upon union certification – Cal. Gov’t Code § 3546(a); Cal. Educ. Code § 45061Cal. Educ. Code § 45060: Upon written request and pursuant to terms of authorization agreement and employee may make a revocation.
COLORADO (Model 2)No[13]Yes–In 1/3 of districtsN/A[14]No[15]Union dues may be deducted, if addressed in CBA and authorized by public employee – Colo. Rev. Stat. § 8-9-106 
CONNECTICUT (Model 1)Conn. Gen. Stat. § 10-153aN/ASalaries, hours, empl. terms & conditionsYes – Conn. Gen. Stat. § 10-153a(c)Fees were automatic, if addressed in CBA – Conn. Gen. Stat. § 10-153a(c) 
DELAWARE (Model 1)Del. Code Ann. tit. 14, § 4001N/AEmployment terms & conditions[16]Yes – Del. Code Ann. tit 14, §§ 4002(k), 4019(a)Fees were automatic, if addressed in CBA – Del. Code Ann. tit. 14, § 4019(b) If not in CBA, employee may provide written request for dues. Id. § 4004(c).14 Del. Code Ann. tit 14, § 4004(c): Revocation may occur with written request, but will not be effective until the next ensuing August 31 following the union representative’s receipt of notice.
DISTRICT OF COLUMBIA (Model 1)D.C. Code Ann.  § 1-617.01N/AWages, hours, union security, employment terms/conditions[17]Yes – D.C. Code Ann. §§ 1-617.06 & 1-617.11Fees were automatic, if addressed in CBA – § 1-617.07D.C. Code Ann. § 1-617.07: Termination of fees should be included in CBA.
FLORIDA (Model 1)Fla. Stat. Ann. § 447.201N/AWages, hours, empl. terms & conditions; but not pensions[18]No – RTW Fla. Const. art. I, § 6[19]  Requires written authorization from employee. Fla. Stat. Ann. § 447.303.Fla. Stat. Ann § 447.303: Dues authorization made by employee is revocable at the employees request upon 30 days written notice to the employer or union. 
GEORGIA (Model 3)NoNo – Ga. Code Ann. § 20-2-989.10N/ANo – RTW   Ga. Code Ann. §§ 34-6-20 (not applicable to pub. employees)Requires written authorization from employee. Ga. Code Ann. § 34-6-25Ga. Code Ann. § 34-6-25: Dues deduction authorization may be irrevocable for a period of not more than one year.
HAWAII (Model 1)Haw. Rev. Stat. § 89-1[20]N/AWages, salary, hours, health contributions, empl. terms & conditions[21]Yes – Haw. Rev. Stat. §§ 89-3 & 89-4[22]Fees were automatic, upon union certification – § 89-4(a)-(b)Haw. Rev. Stat. § 89-4: Upon written notification within 30 days before the anniversary date of the employee’s execution of the written authorization under subsection (b). Revocation of automatic deductions is automatic should the exclusive bargaining representative change.
IDAHO (Model 1)Idaho Code § 33-1271N/AAny matter & condition to which the parties agree[23]No – RTW Idaho Code § 44-2001Written permission needed. Idaho Code § 44-2004(1).Idaho Code § 44-2004(1): Monies for union may only be deducted from employee wages upon a signed written authorization that may be revoked at any time by giving written notice of such revocation to the employer.
ILLINOIS (Model 1)115 Ill. Comp. Stat. 5/1N/AWages, hours, grievance procedures, employment terms/conditionsYes – 105 Ill. Comp. Stat. Ann. § § 5/10-22.40A; 5/11[24]Fees were automatic, if addressed in CBA – §§ 5/11; 5/1450 Ill. Comp. Stat. § 125/2: Employee may revoke in writing at any time.
INDIANA (Model 1)Ind. Code Ann. § 20-29-1-1N/ASalary, wages, hours, wage-related fringe benefits, grievance procedures[25]No – RTW Ind. Code Ann. § 20-29-4-2 (for school employees)[26]Written authorization required. Ind. Code Ann. §§ 20-29-5-6; 22-2-6-2(b).Ind. Code Ann. § 22-2-6-2(a)(C):  Assignment can be revoked at will upon written notice to the employer.
IOWA (Model 1)Iowa Code Ann. § 20.1[27]N/AWages, hours, other terms & conditions[28]No – RTW   Iowa Code Ann. §§ 20.8 (public sector); 731.1 (private sector)Upon written authorization that is revocable upon 30 days written notice. Iowa Code Ann. § 731.5Iowa Code Ann. § 731.5: Dues deduction authorization may be revoked upon 30 days’ written notice of such revocation to the employer.
KANSAS (Model 1)Kan. Stat. Ann. § 72-2218N/AProfessional service terms, grievances, & conditions[29]No – RTW  Kan. Const. art. 15, § 12[30]Written authorization required and must be specific as to terms and amount. Kan. Stat. Ann. § 72-2241(a)Kan. Stat. Ann. § 72-2241 (b):  Wage assignment to a professional association authorized until the employee revokes the assignment in writing. 
KENTUCKY (Model 2)No[31]Yes–A few districtsN/A[32]No – RTW Ky. Rev. Stat. Ann. § 336.130[33]Written agreement or electronic authorization is required. Ky. Rev. Stat. Ann. § 336.135(3)Ky. Rev. Stat. Ann. § 337.060: Public employers may not make payroll deductions from employees, unless permitted by a CBA.  Housing Authority of Louisville v. SEIU, Local 557, 885 S.W.2d 692 (Ky. 1994).
LOUISIANA (Model 2)No[34]Yes—by implication of La. Stat. Ann. § 4:67.1[35]N/ANo – RTW  La. Rev. Stat. Ann. §§ 23:981[36]Only with employee’s permission and employer’s agreement to deduct. La. Rev. Stat. Ann. § 42:457[37] 
MAINE (Model 1)Me. Rev. Stat. Ann. tit. 26, § 961N/AWages, hours, working conditions, grievance procedures[38]Yes – Me. Rev. Stat. Ann. tit. 26, § 963(2)Fees were automatic – Me. Rev. Stat. Ann. tit. 26, § 629(4) 
MARYLAND (Models 1)Md. Code Ann., Educ. § 6-402N/AWages, salaries, hours, working cond., ex. tenureYes – Md. Code Ann., Educ. § 6-407(c)[39]  Fees were automatic – Md. Code Ann., Educ. § 6-407(c)(7)Md. Code Ann., State Pers. & Pens.  § 2-403(2): Requires written notice by state employee to the Central Payroll Bureau.
MASSACHUSETTS (Model 1)Mass. Gen. Laws ch. 150E, § 2N/AWages, hours, productivity & performance standards class size, workload, empl. terms & conditionsYes – Mass. Gen. Laws ch. 150E, § 12[40]Requires written authorization. Mass. Gen. Laws ch. 180, § 17A.Mass. Gen. Laws ch. 149, § 178B: May withdraw authorization of payroll deduction with 30 days’ notice in writing; but see id. ch. 180, § 17A: If authorization is given, may be irrevocable for a year if in the authorization.
MICHIGAN (Model 1)Mich. Comp. Laws § 423.209N/AWages, hours, empl. terms & conditionsNo – RTW Mich. Comp. Laws § 423.209(2)[41]Prohibited – Mich. Comp. Laws § 423.210(1)(b)Mich. Comp. Laws § 408.477:  For public employees, all union dues deductions are illegal.
MINNESOTA (Model 1)Minn. Stat. § 179A.01N/AGrievance procedures, empl. terms & condition[42]Yes – Minn. Stat. § 179A.06.3[43]Fees were automatic, upon notification of the amount – Minn. Stat. §§ 179A.06.3; 181.06(2) 
MISSISSIPPI (Model 3)NoNo – Miss. Code Ann.  § 37-7-301.1(c)N/ANo – RTW  Miss. Code Ann. § 71-1-47 & Miss. Const. art. 7, § 198-AProhibited – Miss. Code Ann. § 25-3-67[44] 
MISSOURI (Model 2)No – but there is a state constitutional right to collective bargaining – Mo. Const. Art. I, § 29Yes – Independence-NEA v. Independence Sch., 223 S.W.3d 131 (Mo. Sup. Ct. 2007)[45]N/AYes – In some school districts[46]Requires annual written notice if wish to deduct. See Mo. Rev. Stat. § 105.505(1)Mo. Rev. Stat. § 33.103: Employer may deduct from union member’s wages union dues upon the employee’s permission.
MONTANA (Model 1)Mont. Code Ann. § 39-31-101N/AWages, hours, fringes, grievance procedures, empl. conditionsYes – Mont. Code Ann. §§ 39-31-204 & 39-31-401(3)[47]Fees were automatic, if addressed in CBA – Mont. Code Ann. § 39-31-401(3)[48] 
NEBRASKA (Model 1)Neb. Rev. Stat. § 81-1370N/AWages, employment terms/conditions[49]No – RTW  Neb. Rev. Stat. § 48-217 & Neb. Const. art. XV, §§ 13 – 15Only with employee authorization. Neb. Rev. Stat. § 79-872Neb. Rev. Stat. § 79-873: In order to revoke authorization of a wage deduction, school employees must put it in writing.
NEVADA (Model 1)Nev. Rev. Stat. § 288.140(1)N/AWages, hours, grievance procedures, employment terms/condition[50]No – RTW  Nev. Rev. Stat. § 613.130Statute only mentions that for an employee to withhold portions of wages it must be in writing. Nev. Rev. Stat. § 608.110 
NEW HAMPSHIRE (Model 1)N.H. Rev. Stat. Ann. § 273-A:3N/AWages, hours, empl. conditions except merit systemYes – Nashua Teachers Union v. School Dist., 157 LRRM 2866 (1998) (forced nonunion members’ fees are proportional)Requires written authorization of the employee. N.H. Rev. Stat. Ann. § 275:48(I)(b)[51]   
NEW JERSEY (Model 1)N.J. Rev. Stat. § 34:13A-5.3N/AGrievances, disciplinary disputes, employment terms/conditionsYes – N.J. Rev. Stat. § 34:13A-5.5Fees were automatic, when a CBA is reached N.J. Rev. Stat. § 34:13A-5.6N.J. Rev. Stat. § 52:14-15.9e: CBA may specify; otherwise in writing
NEW MEXICO (Model 1)N.M. Stat. Ann. § 10-7E-2N/AWages, hours, grievances, empl. terms & conditions, mutually agreed issues, except statutory retire.Yes – N.M. Stat. Ann. § 10-7E-4(J)Fees were automatic, if addressed in CBA – N.M. Stat. Ann. § 10-7E-17(D)N.M. Stat. Ann. § 10-7E-17(D): Authorization can be revoked in writing by the employee in accordance with the negotiated agreement and as long as the labor organization is certified as the exclusive representative.
NEW YORK (Model 1)N.Y. Civ. Serv. § 200[52]N/ASalaries, wages, hours, grievance procedures, empl.  terms & conditionsYes – N.Y. Civ. Serv. §§ 201(2)(b) & 208(3)Fees were automatic, upon union certification – N.Y. Civ. Serv. § 201(2)(b); but see N.Y. Civ. Serv. § 208(b) (signed authorization necessary for union dues)N.Y. Civ. Serv. § 208(b)(i): revoke in writing
NORTH CAROLINA (Model 3)NoNo[53] — N.C. Gen. Stat. § 95-98N/ANo – RTW  N.C. Gen. Stat. § 95-78 (not applicable to pub. employees)Prohibited – N.C. Gen. Stat. §§ 95-82, 135-18.8(a) & 143B-426.40A(g) (a plan of deductions is void if in CBA)N.C. Gen. Stat. § 95-25.8(a)(3):  The employee must be given reasonable opportunity to revoke authorization.  
NORTH DAKOTA (Model 1)N.D. Cent. Code   § 15.1-16-01N/AEmployer-employee relations, salaries, wages, empl. terms & conditionsNo – RTW N.D. Cent. Code §§ 34-01-14[54]Provided an employee petitions or provides a written & signed agreement. N.D. Cent. Code §§ 15.1-16-12 & 34-11.1-03 
OHIO (Model 1)Ohio Rev. Code Ann. § 4117.03[55]N/AWages, hours, grievance procedures, health care benefits, employment terms/condition[56]Yes – Ohio Rev. Code Ann. § 4117.09(c)[57]Fees were automatic, if addressed in CBA – Ohio Rev. Code Ann. § 4117.09(b) 
OKLAHOMA (Model 1)Okla. Stat. Ann. tit. 70, § 509.1[58]N/AWages, hours, fringe benefits, employment terms & conditionsNo – RTW Okla. Const. art. 23, § 1A  If employee authorizes them in writing and they are revocable at will. Okla. Stat. Ann. tit. 14, § 3-403 & Okla. Const. art. 23, § 1A(C)Okla. Stat. Ann. tit. 14, § 3-403: This section does not prohibit an employee from authorizing deductions from his earnings if the authorization is revocable. [59]
OREGON (Model 1)Or. Rev. Stat. §§ 243.656N/AEmployment relations[60]Yes – Or. Rev. Stat. §§ 243.666, 243.650(10) & 243.806(3)[61]Fees were automatic, if addressed in CBA – Or. Rev. Stat. § 243.672(1)(c)Or. Rev. Stat. § 243.806(6): If not in CBA, employee should submit a signed, written statement of revocation to headquarters of labor organization.
PENNSYLVANIA (Model 1)Tit. 43 Pa. Cons. Stat. § 1101.101N/AWages, hours, empl. terms & conditions[62]Yes – Tit. 42 Pa. Cons. Stat. § 1102.3[63]Fees were automatic, if addressed in CBA – Tit. 43 Pa. Cons. Stat.  § 1102.4(a)A separate act of revocation is necessary from termination of employment. See Burse v. Commw., Pa. Labor Rel. Bd., 56 Pa. Commw. 555, 425 A.2d 1182 (1981).
RHODE ISLAND (Model 1)R.I. Gen. Laws § 28-9.3-2N/AHours, salary, working conditions, professional empl. terms & conditionsYes– R.I. Gen. Laws § 28-9.3-7Fees were automatic upon union certification – R.I. Gen. Laws §§ 28-9.3-7[64]R.I. Gen. Laws § 36-6-17: employee must file written notice of termination with bargaining representative and provide written notice to state controller.
SOUTH CAROLINA (Model 3)NoNo – Branch v. City of Myrtle Beach, 340 S.C. 405, 411 (2000)N/ANo – RTW  S.C. Code Ann. §41-7-10 (may not be applicable to public sector)[65]A written assignment is required for union deductions. S.C. Code Ann. § 41-7-40S.C. Code Ann. § 41-7-40:  Written assignment is irrevocable for a year or until the termination date of any applicable CBA or assignment, whichever occurs first.
SOUTH DAKOTA (Model 1)S.D. Codified Laws § 3-18-1N/AGrievance procedures, employment conditions[66]No – RTW  S.D. Codified Laws § 60-8-3Requires written permission. S.D. Codified Laws § 3-10-8  S.D. Codified Laws § 61-5-55: non-voluntary deductions are not allowed.
TENNESSEE (Model 1)[67]Tenn. Code Ann. §49-5-601N/AGrievance procedures, salaries, wages, hours, employment conditions[68]No – RTW Tenn. Code Ann. § 50-1-201 (not applicable to pub. employees) but see id. §§ 49-5-603 (right to refrain for teachers)Dues deductions are automatic or otherwise as addressed in CBA. Tenn. Code Ann. § 49-5-611(a)(8).Tenn. Code Ann. § 8-23-204: State employees have the opportunity to revoke authorization and receive a refund equal to one month’s dues if revocation is made within a thirty day period from the date of notification. Employee may revoke any time.
TEXAS (Model 3)NoNo – Tex. Gov’t Code Ann. § 617.002[69]N/ANo – RTW  Tex. Lab. Code Ann. § 101.051; Tex. Gov’t Code § 617.004 (public sector RTW law)With written authorization delivered by employee to the employer. Tex. Educ. Code Ann. § 22.001; see also Tex. Lab. Code Ann § 101.004A one-year irrevocability of dues checkoff is valid provided employee has given written consent to the limitation.  Op.Atty.Gen.1978, No. H-1139.
UTAH (Model 2)NoYesN/ANo – RTW Utah Code Ann. § 34-34-2With written authorization by employee. Utah Code Ann. § 34-28-3.Utah Code Ann. § 34-32-1: An employee, in writing, may direct or cancel deductions of a specified sum for union dues, not to exceed 3% per month; see also id. § 34-32-1.1: dues deductions cannot be made for political purpose.
VERMONT (Model 1)Vt. Stat. Ann. tit. 16, § 1982N/ASalary, related economic conditions, grievance & complaint procedures, mutually agreed mattersYes – Vt. Stat. Ann. tit. 16, § 1982 – right to choose, but still must pay agency fee; See id. § 1982(d) for contingenciesFees were automatic, if addressed in CBA – Vt. Stat. Ann. tit. 21, §§ 1734 (a) and (d)[70] 
VIRGINIA (Model 2)Va. Code Ann. § 40.1-57.2.[71]Yes – Va. Code Ann. § 40.1-57.2(C)Set by each school board if it establishes monopoly bargaining. Va. Code Ann. § 40.1-57.2(C)No – RTW Va. Code Ann. § 40.1-58With written and signed authorization of the employee. Va. Code Ann. §40.1-29Va. Code Ann. §55-166: Court can revoke an assignment whenever it feels that the ends of justice are not being attained.
WASHINGTON (Model 1)Wash. Rev. Code § 41.59.060[72]N/AWages, hours, empl. terms & conditionsYes – Wash. Rev. Code § 41.59.060(2)Fees were automatic, if addressed in CBA – Wash. Rev. Code § 41.59.060(2)Wash Rev. Code § 41.59.060(2(d) & (f): request to revoke must be in writing and made to the exclusive bargaining representative who will make sure restrictions on revocation included in the authorization are met and  employer may only cease deductions upon union’s written authorization, not employee’s.
WEST VIRGINIA (Model 2)NoYes[73]N/A[74]No – RTW W. Va. Code § 21-5G-1Only with employee authorization. W. Va. Code §12-3-13bW. Va. Code §12-3-13b: State employee may authorize a voluntary dues deduction, which may be revoked 30 days prior to the date of the next deduction on a form provided by the office of the state auditor.
WISCONSIN (Model 1)Wis. Stat. § 111.70N/AOnly base pay, which may not increase more than the cost of living. Wis. Stat. §111.70(4)(mb)No – RTW Wis. Stat. § 111.70(2) (Act 10); see also id. § 111.04 (private-sector RTW law)Prohibited – Wis. Stat. § 111.70(3)(g)All union payroll deductions are illegal, even for union dues.
WYOMING (Model 2)NoYes[75]N/ANo – RTW   Wyo. Stat. Ann. § 27-7-108 (not applicable to pub. employees)With employee authorization, as long as authorization is revocable. Wyo. Stat. Ann. §40-14-244Wyo. Stat. Ann. §40-14-244: “This section does not prohibit an employee from authorizing deductions from his earning if the authorization is revocable.”
© Milton L. Chappell, Esq. 5/15/2021

[1] For historical purposes, the compulsory unionism (forced fees) statutes are included, but they are unconstitutional and cannot be enforced in the public sector, including public education. Janus v. AFSCME Council 31, 138 S. Ct. 2448, 2486 (2018). In some cases, the cited statutes have been repealed, in others they remain but are illegal. 

[2] Id. note 1.

[3] Cited statute or regulation may not directly apply to or mention teachers or other school employees.

[4] School employers may meet & confer with unions on school management, but not pay or benefits.

[5] Additionally, school employers and unions must meet & confer on education policy. Alaska Stat. § 23.40.235. See also Alaska Pub. Emps. Ass’n v. State, 831 P.2d 1245 (Alaska 1992) (salary ranges are not a mandatory bargaining subject).

[6] Under Alaska Stat. § 23.40.225 an employee’s contribution is to be donated to “a charity of its choice not affiliated with a religious, labor, or employee organization,” and proof of said donation is to be provided. An employee not part of an organized religion is still entitled to religious accommodation if said employee’s beliefs are in opposition to the payment of dues. January 13, 1984 Op. Att’y Gen.

[7] Any agreement cannot preclude other negotiations or agreements between employer and individual employees or other representatives, nor can agreement be with any exclusive representative.  Atty. Gen. Op. No. 74-11 (R-24) (May 20, 1974).  However, a school board and union may meet & confer on wages, terms & working conditions.

[8] Notwithstanding the Attorney General’s 2006 opinion, 2006 WL 3223060 (Ariz. A.G.), finding exclusive bargaining agreements invalid and an unlawful delegation of legislative authority, a few districts have such agreements.

[9] Am. Fed’n & Mun. Emples., AFL-CIO, Local 2384 v. City of Phx., 213 Ariz. 358, 142 P.3d 234 (Ct. App. 2006) (“fair share” fees are illegal under AZ law because it contradicts policies behind RTW).

[10] The scope of representation shall include matters relating to wages, hours of employment, and other terms and conditions of employment, which include health and welfare benefits, leave, transfer and reassignment policies, safety conditions, class size, procedure for employment evaluation, union security, grievance procedures and layoffs, Cal. Gov’t Code § 3543.2.  However, id. § 3547 requires all initial bargaining proposals of the union and the school employer, which become public documents, to be presented at a public meeting of the school board.  Moreover, negotiations cannot begin until after the public has had the opportunity to become informed and express itself at another public school board meeting.  Additionally, the cost to the school district of the collective bargaining agreement must also be disclosed at a public school board meeting, id. § 3547.5.  Finally, school districts must consult on definition of educational objectives, the determination of the content of courses and curriculum and the selection of textbooks and may consult on the others.

[11] Religious grounds exception allows employee to choose from a list of three nonlabor, nonreligious organizations to donate the fee. If no list is provided, the employee may choose such an organization that fits these criteria. In the event no agreement, employee may seek arbitration. Cal. Gov’t Code § 3546.3.

[12] Bargaining unit may elect to deauthorize (rescind) compulsory unionism agreement in CBA.  See Cal Gov’t Code § 3546(d).

[13] A monopoly bargaining statute covers certain State employees. Colo. Rev. Stat. § 24-50-1101.

[14] Any CBA provision the Board wishes to adopt must be ratified at a public forum after public notice. Colo. Rev. Stat. § 22-32-109.4.

[15] Requiring union membership in a teacher’s employment contract is prohibited. Colo. Rev. Stat. § 22-61-102. However, some school districts provide each teacher a “professional fee” fringe benefit in the amount of the union’s dues; while other districts require nonmember fee payments, with a “reverse check-off” method to opt out of paying fees during a limited period at the beginning of the school year.

[16] The scope of representation includes matters concerning or related to wages, salaries, hours, grievance procedures, and working conditions, Del. Code Ann. § 4002(r).  However, matters of inherent managerial policy, such as the functions and programs of the public school employer, its standards of services, overall budget, utilization of technology, the organizational structure, curriculum, discipline, and the selection and direction of personnel, are not mandatory subjects of bargaining.

[17] Instrument used for teacher evaluations is non-negotiable as of 2006. D.C. Code § 1-617.18.

[18] Moreover, negotiations must be open to the public.

[19] Fla. Stat. Ann. § 447.301 protects public employees’ right to refrain.

[20] See also Haw. Const. art. XIII, § 2 (collective bargaining is a constitutional right for public employees).

[21] School employer must consult over all matters affecting employee relations. Additionally, any agreement must comply with Haw. Rev. Stat. §76.1 (merit principle).

[22] Religious exemption Haw. Rev. Stat. § 89-3.5.

[23] Records of the negotiation are public documents and any contract must be jointly ratified at a public meeting.

[24] Religious exception included whereby someone with bona fide religious reason may elect to donate his or her portion of fees to a mutually agreed non-religious charitable organization. If employee and union cannot agree, then Illinois Educational Labor Relations Board may provide an approved list of organizations from which the employee chooses.

[25] Must discuss working conditions, curriculum development and revision, textbook selection, teacher methods, student discipline, expulsion or supervision of students, pupil-teacher ratio, class size, budget appropriations, and hiring, promotion, demotion, transfer, assignment and retention of employees, Ind. Code Ann. §§ 20-29-6-4, 20-29-6-7.

[26] Private-sector employees also have RTW protection. Ind. Code Ann. § 22-6-6-1.

[27] AFSCME Iowa Council 61 v. State, 928 N.W.2d 21, 2019 Iowa Sup. LEXIS 62 (Iowa 2019) (no constitutional right to public-sector collective bargaining or payroll deductions, it is a right controlled by statute).

[28] Vacations, insurance, holidays, leave, shift differential, overtime, supplemental pay, seniority, transfer procedures, job classifications, health & safety, evaluation, staff reduction, in-service training, dues checkoff, grievance procedures, other mutually agreed upon matters, except merit system & retirement.  In addition, the initial bargaining proposals must be presented at a public meeting.

[29] The duration of the school term & school hours are excluded from mandatory bargaining subjects.  Also, all negotiations are subject to the open meeting law.

[30] Kan. Stat. Ann. § 75-4324 protects public employees’ right to refrain.

[31] School teachers may bargain collectively with school boards; however, the board has the final say in matters. OAG 65-84.

[32] Braddom v. Three Point Coal Corp., 288 Ky. 734, 157 S.W.2d 349 (1941) (a union may not contract members’ rights away nor bind members to specified wages or into serving for a defined period).

[33] Employee must give written consent to be enrolled in a union. Ky. Rev. Stat. Ann. § 336.135(2).

[34] School employer must consult & adopt a grievance procedure.

[35] Public employer must provide public notice of collective bargaining agreement and public input before vote to accept or reject.

[36] La. Const. art. XII, § 10(A) abolishes state sovereign immunity in the event of public employer RTW violation.

[37] Davis v. Terrebone Parish School Bd., 563 So. 2d 1278, 1990 La. App. LEXIS 1694 (La. App. 1 Cir. 1990) (compelling withholdings for dues is improper).

[38] School employer must meet & consult on educational policies.

[39] Religious exemption allows money to be paid to a mutually agreed upon nonunion charity. Md. Code Ann., Educ. § 6-407(c)(4).

[40] Nonunion members must be given an opportunity to vote on the contract if they will need to pay fees. McCormick v. Labor Relations Com. (Mass. 1992), 412 Mass. 164, 588 N.E.2d 1. Additionally, an employee not part of union has constitutional basis to challenge the pro rata fee amount. Lyons v. Labor Relations Com. (Mass. 1986), 397 Mass. 498, 492 N.E.2d 343. Furthermore, a teacher is not required to support the political, social, or special activities of the organization. Harrison v. Massachusetts Soc. of Professors/Faculty Staff Union/MTA/NEA (Mass. 1989), 405 Mass. 56, 537 N.E.2d 1237.

[41] Michigan also has a private sector RTW law. Mich. Comp. Laws § 423.14.

[42] School board must meet & confer over policies & other matters, but only with exclusive bargaining representative.

[43] Pre-K teachers do not have to be licensed, and thus are not included. See Clarification of an Appropriate Unit Indep. Sch. Dist. No. 622 v. N. St. Paul-Maplewood-Oakdale Educ. Ass’n, 880 N.W.2d 383 (Minn. Ct. App. 2016).

[44] See also Op. Atty. Gen. (Miss.) No. 94-0479, Compton, Aug. 24, 1994.

[45] See Strinni v. Mehlville Fire Prot. Dist., 681 F. Supp. 2d 1052 (E.D. Mo. 2010) (agreement between employers and employees does not have to be reached, and employees without contracts are at-will).

[46] Forced fees provision in CBA did not violate Mo. Rev. Stat. § 105.510. Schaffer v. Board of Educ. of the City of St. Louis, 869 S.W.2d 163 (Mo. App. E.D.).

[47] See 36 A.G. Op. (Mont.) 102 (1976) (employee not in union required to pay dues). See also Mont. Code Ann. § 39-31-204 for procedure related to religious exemption.

[48] Cf. Mont. Code Ann. § 39-31-203 (requiring written authorization for dues deduction).

[49] See also Neb. Rev. Stat. § 48-818.01 for further details.

[50] See also Nev. Rev. Stat. § 288.150for a long and detailed list of specific subjects of mandatory bargaining and subjects reserved to the employer to discuss with the bargaining agent.  Furthermore, school employers must discuss all other subjects.

[51] Subject to subparagraph (d), which requires that the employer provides a written itemized account of the deduction to the employee once a month, and N.H. Rev. Stat. § 275:48(II), which holds the employer liable for any loss or cost incurred by the employee should the employer fail to make an authorized deduction.

[52] N.Y. Const. Art I, § 17 (right to collectively bargain is a constitutionally protected right).

[53] Joining affiliated union is also illegal, N.C. Gen. Stat. § 95-97.

[54] Notwithstanding the Right to Work law, any nonmember may be charged “actual representation expenses” when the nonmember has specifically requested in writing to use union grievance representation.  “Actual representation expenses” cannot include the union’s general contract negotiations or collective bargaining expenses. N.D. Cent. Code § 34-01-14.1; but see id. § 34-11.1-05(3) (no public employer may require any public employee to “invest or contribute earnings in any manner or for any purpose, except for participation in the employees retirement program”).

[55] See also Ohio Rev. Code Ann. § 4111.12 (general right to collectively bargain).

[56] See id. § 4117.08(A) for specifics, which include the continuation, modification or deletion of any CBA provision.

[57] An employee with a bona fide religious objection may donate his share of the fee to a mutually agreed upon nonreligious charity that is exempt from taxation.

[58] However, any person may elect in writing not to be represented by any organization by notifying his Board of Education, Okla. Stat. Ann. § 509.2(A).  In addition, collective bargaining agreements may not exceed one year.

[59] Okla. Stat. Ann. § 380:30-1-7(d).

[60] This includes, but is not limited to, direct or indirect monetary benefits, hours, vacations, sick leave, grievance procedures, and employment conditions. See Or. Rev. Stat. § 240.321(2).

[61] Bargaining unit may elect to deauthorize (rescind) compulsory unionism agreement in CBA.  See Or. Rev. Stat. §§ 243.672(h) & 243.672(2)(e) (refusal to reduce to writing).

[62] Bargaining must be reduced to writing, Tit. 43 Pa. Cons. Stat. § 1101.901.

[63] Maintenance of membership is also permitted. Tit. 43 Pa. Cons. Stat. § 1101.301(18).

[64] Non-union members may still need to pay an additional fee when it comes to grievance disputes under R.I. Gen. Laws § 28-9.3-7(e).

[65] Branch v. City of Myrtle Beach, 340 S.C. 405, 413 (2000).

[66] Tenure status may not be bargained away by means of CBA. See generally Fries v. Wessington Sch. Dist., 307 N.W.2d 875 (S.D. 1981).

[67] In 2011, Tennessee changed from traditional monopoly bargaining to “collaborative conferencing” involving all professional employees’ organizations that have at least 15% support among the bargaining unit teachers.

[68] Other working conditions include insurance, fringe benefits (excluding State pensions or retirement), leave, student discipline procedures, and payroll deductions.  School employer and union may discuss other terms and conditions.  Negotiations must be open to the public, Tenn. Code Ann. § 8-44-201(a).

[69] Moreau v. Klevenhagen, 508 U.S. 22, 29 n.10 (1993) (Texas prohibits public sector collective bargaining); Tex. Atty. Gen. Op. 67-77 (May 18, 1967) (public sector labor unions may not bargain collectively, nor claim such a right).

[70] See also Vt. Stat. Ann. tit. 21, § 1735 (teacher is to be treated as a municipal employee).

[71]  Previously monopoly bargaining was illegal. See Commonwealth of Va. v. County Bd. of Arlington Cnty., 217 Va. 558 (1977). The statute now removes the illegality, but leaves whether to have monopoly bargaining to the discretion of the school board. If the school board allows monopoly bargaining, the choice of any exclusive representative must be by secret ballot. Va. Code Ann. § 40.1-54.3.

[72] Wash. Rev. Code § 41.59, Educational Employment Relations Act (Wash Rev. Code §§ 41.59.010 — 41.59.950).

[73] County school boards may officially recognize labor unions and negotiate and enter into a collective bargaining agreement with them, but they may not agree to binding arbitration.  W.V. Atty. Gen. Op., June 26, 1974.

[74]Teacher pay is regulated by legislation. Public employers are not required to recognize or bargain with a union outside of a statutory requirement. See Jefferson Cnty. Bd. of Educ. v. Jefferson Cnty. Educ. Ass’n, 183 W. Va. 15, 21, 393 S.E.2d 653, 659 (1990). CBAs previously regulated seniority rights; however, this too has been replaced by statute. See W. Va. Code § 18A-4-2.

[75] See Hagen v. Culinary Workers Alliance Local, 70 Wyo. 165, 246 P.2d 778 (Wyo. 1952) (right to join a union or refrain is implied).