CEAFU State Public Sector Bargaining Laws Research Cited by Institute

The National Institute for Labor Relations Research cited CEAFU’s “TEACHER MONOPOLY BARGAINING, COMPULSORY UNIONISM & DEDUCTION REVOCATION TABLE” (reposted below for your convenience) which breaks down each state’s laws regarding bargaining and unwanted dues deductions.

While government union chiefs push hard for higher taxes and more public spending in all 50 states, they naturally do so with greater success in states that authorize and promote union monopoly bargaining over public workers’ terms and conditions of employment. Well over 30 states legally require public employers, under certain conditions, to recognize a government union as the “exclusive” (monopoly) bargaining agent for their employees with regard to pay, benefits and work rules.[3]NATIONAL INSTITUTE FOR LABOR RELATIONS RESEARCH (NILRR.ORG)

Table breaks down states into the model of government bargaining that each state uses, which helps compare the systems and expose which reforms should be sought in each state.


  • MODEL 1: Mandatory monopoly bargaining and compulsory unionism – 20 states and the District of Columbia.
  • MODEL 2: Mandatory monopoly bargaining without compulsory unionism – 14 states.
  • MODEL 3a: No mandatory monopoly bargaining statute, but bargaining is not illegal and does occur at the will of the local school board, which may or may not include compulsory unionism – 3 states as of May 2021.
  • MODEL 3b: No mandatory monopoly bargaining statute, but bargaining is not illegal and does occur at the will of the local school board, but without compulsory unionism – 7 states.
  • MODEL 4: Collective bargaining is illegal or not accepted, without which there is no compulsory unionism – 6 states as of May 2021.
ALABAMA (Model 3b)Ala. Code § 25-7-6 (right to join or refrain) [1]Yes[2]N/ANo – RTW  Ala. Code  §§ 25-7-33-34; 25-7-12 (unlawful to demand fees or require being part of a union as a condition of employment)  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. §§ 23.40.070, 23.40.080N/AEmployment & fulfillment of professional duties[3]Yes –   Alaska Stat. §§ 23.40.110(b) & 23.40.225[4]Upon written authorization of the employee. Alaska Stat. § 23.40.220 
ARIZONA (Model 4)No[5]No – Ariz. Atty. Gen. Op. No. I06-004[6]N/ANo – RTW Ariz. Rev. Stat. Ann. § 23-1302[7]Upon 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 3b)No[8]Yes[9]N/A[10]No – RTW Ark. Code Ann. § 11-3-303Upon 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. Code § 3543.1(d)Matters within the scope of representation[11]Yes – Cal. Gov’t Code §§ 3540.1(I) & 3546[12],[13]Automatic, upon union certification – § 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 3a)Colo. Rev. Stat. § 22-61-102Yes–In 1/3 of districtsN/A[14]No[15]Automatic, if addressed in CBA – Colo. Rev. Stat. § 8-9-106Colo. Rev. Stat. Ann. § 8-4-105(1)(d):  Deductions authorized by an employee to “financial institutions” are revocable.
CONNECTICUT (Model 1)Conn. Gen. Stat. § 10-153aN/ASalaries, hours, empl. terms & conditionsYes – Conn. Gen. Stat. § 10-153a(c)Automatic, if addressed in CBA – § 10-153a(c) 
DELAWARE (Model 1)Del. Code Ann. Tit. 14 § 4001N/AEmployment terms & conditions[16]Yes – Del. Code Ann. §§ 4002(k), 4019(a)Automatic, if addressed in CBA – Tit. 14 § 4019(b) If not in CBA, employee may also provide written request. 14 Del. C. § 4004(c).14 Del. C. § 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 & 1-617.11Automatic, if addressed in CBA – § 1-617.07D.C. Code § 1-617.07: Termination of fees should be included in CBA.
FLORIDA (Model 2)Fla. Stat. Ann. §§ 447.03; 447.201[18]N/AWages, hours, empl. terms & conditions; but not pensions[19]No – RTW Fla. Stat. Ann. § 447.301Requires 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 4)Ga. Code Ann. § 34-6-24 (explicitly makes unlawful as condition of employment)No – Ga. Code Ann. § 20-2-989.10N/ANo – RTW   Ga. Code Ann. §§ 34-6-20 (not applicable to pub. employees); 34-6-21-22Requires written authorization from employee. Ga. Code Ann. § 34-6-25Ga. Code Ann. § 34-6-25: Employer shall not deduct from wages any money to be paid to a union except on the individual order or request of the employee, which shall not be irrevocable for a period of more than one year.[20]
HAWAII (Model 1)Haw. Rev. Stat. § 89-1[21]N/AWages, salary, hours, health contributions, empl. terms & conditions[22]Yes – Haw. Rev. Stat. §§ 89-3 & 89-4[23]Automatic, upon union certification – § 89-4(a)-(b)Haw. Rev. Stat. § 89-4: Upon written notification within thirty (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 2)Idaho Code § 33-1271N/AAny matter & condition to which the parties agree[24]No – RTW Idaho Code § 44-2003Written 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[25]Automatic, if addressed in CBA – §§ 5/11; 5/1450 Ill. Comp. Stat. § 125/2: Employee may revoke in writing at any time.
INDIANA (Model 2)Ind. Code Ann. § 20-29-1-1N/ASalary, wages, hours, wage-related fringe benefits, grievance procedures[26]No – RTW (not applicable to pub.  employees), but Ind. Code Ann. § 20-29-4-2 (school employees are not compelled to pay fees)[27]Written authorization required. Burns 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 2)Iowa Code Ann. § 20.1[28]N/AWages, hours, other terms & conditions[29]No – RTW   Iowa Code Ann. §§ 20.8, 731.1-.4Prohibited – Iowa Code Ann. § 20.8(4). See also Iowa State Educ. Ass’n v. State, 928 N.W.2d 11 (Iowa 2019)Iowa Code Ann. § 731.5: Monies for union may only be deducted from employee wages upon a signed written authorization that may be revoked upon thirty (30) days’ written notice of such revocation to the employer.
KANSAS (Model 2)Kan. Stat. Ann. § 72-2220[30]N/AProfessional service terms, grievances, & conditions[31]No – RTW  Kan. Stat. Ann. §§ 75-4324 & 72-2219Written 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 such an assignment is revoked in writing by the employee. 
KENTUCKY (Model 3b)No[32]Yes–A few districtsN/A[33]No – RTW Ky. Rev. Stat. Ann. § 336.130[34],[35]Electronic authorization is required. Ky. Rev. Stat. Ann. § 336.135(3)[36]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 3b)La. Rev. Stat. Ann. §§ 23:981; 44:67.1[37]Yes–§ 17:100.4[38]N/ANo – RTW  La. Rev. Stat. Ann. §§ 23:981; 23:983[39]Only with employee’s permission. La. Rev. Stat. Ann. § 42:457La. Rev. Stat. Ann. § 42:457: Employee may authorize withholding of wages to be used to pay union fees but employer has discretion to accept or reject withholdings.[40] 
MAINE (Model 1)Me. Rev. Stat. Ann. Tit. 26, § 961N/AWages, hours, working conditions, grievance procedures[41]Yes – Me. Rev. Stat. Ann. Tit. 26 § 963(2)Automatic – Me. Rev. Stat. 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)[42][43]  Automatic – Md. Code Ann., Educ. § 6-407(c)(7)Md. STATE PERSONNEL AND PENSIONS Code Ann. § 2-403(2): Requires written notice to the Central Payroll Bureau.
MASSACHUSETTS (Model 1)Mass. Gen. L. ch. 150E, § 2N/AWages, hours, productivity & performance standards class size, workload, empl. terms & conditionsYes – Mass. Ann. L. Ch. 150E § 12[44]Requires written authorization. ALM GL ch. 180, § 17A.Mass. Gen. L. Ch. 149 § 178B: May withdraw authorization of payroll deduction with 30 days’ notice in writing. ALM GL ch. 180, § 17A: If authorization if given, may be irrevocable up to 1 year “pursuant to the terms of the authorization.”
MICHIGAN (Model 2)Mich. Comp. Laws § 423.209N/AWages, hours, empl. terms & conditionsNo – RTW Mich. Comp. Laws § 423.209(2)Prohibited Mich. Comp. Laws § 423.210(1)(b)Mich. Comp. Laws § 408.477:  For public employees, all union payroll deductions are illegal, even for union dues.
MINNESOTA (Model 1)Minn. Stat. § 179A.01N/AGrievance procedures, empl. terms & condition[45]Yes – Minn. Stat. § 179A.06.3[46]Automatic, upon notification of the amount – §§ 179A.06.3; 181.06(2) 
MISSISSIPPI (Model 4)No – constitutional prohibition -Miss. Const. Ann. Art. 7, § 198ANo – Miss. Code Ann.  37-7-301.1N/ANo – RTW  Miss. Code Ann. § 71-1-47(d)Prohibited – Miss. Code Ann. § 25-3-67[47] 
MISSOURI (Model 3a)No – but there is a state constitutional right to collective bargaining – Mo. Const. Art. I, § 29Yes – Indepdendence-NEA v. Independence Sch., 223 S.W.3d 131 (Mo. Sup. Ct. 2007)[48]N/ANo – RTW § 290.590 R.S.Mo.[49]Requires annual written notice if wish to deduct. See § 105.505(1) R.S.Mo.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)[50]Automatic, if addressed in CBA – Mont. Code Ann. § 39-31-401(3)[51] 
NEBRASKA (Model 2)Neb. Rev. Stat. § 81-1370[52]N/AWages, employment terms/conditions[53]No – RTW  Neb. Rev. Stat. § 48-217With 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 2)Nev. Rev. Stat. § 288.140(1)N/AWages, hours, grievance procedures, employment terms/condition[54]No – RTW  Nev. Rev. Stat. §§ 613.230 and 613.250Statute 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:3; 273-A:5; 277-B:16N/AWages, hours, empl. conditions except merit systemYes – Nashua Teachers Union v. School Dist., 157 LRRM 2866 (1998) (nonunion members’ fees are proportional)Requires written authorization of the employee. N.H. Rev. Stat. Ann. § 275:48(I)(b)[55]   
NEW JERSEY (Model 1)N.J. Rev. Stat.  § 34:13A-5.3N/AGrievances, disciplinary disputes, employment terms/conditionsYes – N.J. Rev. Stat.   § 34:13A-5.5Automatic, when a CBA is reached § 34:13A-5.6N.J. 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);10-7E-6(d)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[56]N/ASalaries, wages, hours, grievance procedures, empl.  terms & conditionsYes[57] – N.Y. Civ. Serv. §§ 201(2)(b) & 208(3)Automatic, upon union certification – § 201(2)(b); NY CLS Civ S § 208(b) (signed authorization necessary)NY CLS Civ S § 208(b)(i): revoke in writing
NORTH CAROLINA (Model 4)NoNo[58] — NC Gen. Stat. § 95-98N/ANo – RTW  N.C. Gen. Stat. § 95-78 (not applicable to pub. employees)No; See N.C. Gen. Stat. §§ 95-82; 135-18.8(a) and 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 2)N.D. Stat. § 15.1-16-07; N.D. Cent. Code, § 34-12-04N/AEmployer-employee relations, salaries, wages, empl. terms & conditionsNo – RTW N.D. Stat. § 34-01-14;[59] § 34-11.1-05(3)No; however, an employee may petition to do so. N.D. Cent. Code, § 15.1-16-12N.D. Stat. § 34-11.1-03: Public employees have the right to request payroll deduction of dues for membership in an organization of employees, provided they provide a written and signed agreement.
OHIO (Model 1)Ohio Rev. Code Ann. § 4117.03[60]N/AWages, hours, grievance procedures, health care benefits, employment terms/condition[61]Yes – § 4117.09(c)[62]Automatic, if addressed in CBA – § 4117.09(b) 
OKLAHOMA (Model 2)Okla. Stat. Ann., Title 70, § 509.1[63]N/AWages, hours, fringe benefits, employment terms & conditionsNo – RTW Okla. Const. art. 23, § 1A(B)(3)  Prohibited –constitutionally unlawful. See Okla. Const. art. 23, § 1A(C)[64]Okla. Stat. Ann. Title 14 § 3-403This section does not prohibit an employee from authorizing deductions from his earnings if the authorization is revocable. [65]
OREGON (Model 1)Or. Rev. Stat. §§ 243.656; 240.321N/AEmployment relations[66]Yes –  Or. Rev. Stat. §§ 243.666, 243.650(10), 243.806(3)[67]Automatic, if addressed in CBA – § 243.672(1)(c)ORS § 243.806(6): If not in CBA, employee should submit a signed, written statement of revocation to headquarters of labor organization.
PENNSYLVANIA (Model 1)Pa. Cons. Stat., Tit. 43, § 1101.101; 43 Pa. Stat. Ann. § 1101.101N/AWages, hours, empl. terms & conditions[68]Yes – Pa. Cons. Stat., Tit. 43, § 1102.3; 43 P.S. § 1102.3[69],[70]Automatic, if addressed in CBA – Pa. Cons. Stat., Tit. 43, § 1102.4(a); 43 P.S. § 1101.705A separate act of revocation is necessary from termination of employment. See Burse v. Commonwealth, Pa. Labor Relations Bd., 56 Pa. Commw. 555, 425 A.2d 1182 (1981).
RHODE ISLAND (Model 2)R.I. Gen. Laws § 28-9.3-2N/AHours, salary, working conditions, professional empl. terms & conditionsNo[71] – R.I. Gen. Laws § 28-9.3-7(b) – Teachers shall be free to join or to decline to join any association or organization regardless of whether it has been certified as the exclusive representative.Automatic, if elect to join and upon union certification – R.I. Gen. Laws §§ 28-9.3-7[72] and 40-8.15-6  § 36-6-17: employee must file written notice of termination with bargaining representative and provide written notice to state controller.
SOUTH CAROLINA (Model 4)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)[73] and §41-7-70A written assignment is required for union deductions is required. 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. Written assignments may be revoked after one year. 
SOUTH DAKOTA (Model 2)S.D. Codified Laws Ann. § 3-18-2N/AGrievance procedures, employment conditions[74]No – RTW  S.D. Codified Laws § § 3-18-3.1(3) and 13-10-2 – School Board determines everythingRequires written permission. S.D. Codified Laws § 3-10-8  S.D. Codified Laws § 61-5-55: non-voluntary deductions are not allowed. Overseen by the Bureau of Finance and Management under ARSD 39:03:01:01-07: governs process of voluntary deductions and revocation. Supported by 1974 S.D. AG LEXIS 1, 1976 Op. Atty Gen. S.D. 1.
TENNESSEE (Model 2)[75]Tenn. Code Ann. §49-5-601No – Tenn. Const. Art. I, § 22 (monopolies prohibited)Grievance procedures, salaries, wages, hours, employment conditions[76]No – RTW (not applicable to pub. employees), but Tenn. Code Ann. §§ 49-5-603, 49-5-609(a)(5), 49-5-609(b)(7), 50-1-201, and  50-1-207Automatic, if addressed in CBA, but subject to certain limitations. Tenn. Code Ann. § 8-23-204(a)(6)Tenn. Code Ann. § 8-23-204: Employee has 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 4)NoNo – Tex. Gov’t Code § 617.002[77]N/ANo – RTW  Tex. Lab. Code Ann. §§ 101.111; Tex. Gov’t Code § 617.004With written authorization from employee. Tex. Labor Code Ann § 101.004Tex. Labor Code Ann § 101.004: Employee must give employer a written consent to deduct part of his pay and agreement to make dues checkoff agreement irrevocable is valid provided employee has given written consent. Op.Atty.Gen.1978, No. H-1139 Tex. Educ. Code § 22.001: upon written request to school district.[78]
UTAH (Model 3b)Utah Code Ann. § 34-20-7Yes[79],[80]N/ANo – RTW Utah Code Ann. § 34-34-7With written authorization by employee. Utah Code Ann. § 34-28-3.Utah Admin. Code §R610-3-18: Employees must grant written authorization for deductions and can terminate upon the written revocation of the authorization. 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. Utah Code Ann. § 34-32-1.1: deductions cannot be made for political purpose even for unions.
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 (d) for contingenciesAutomatic, if addressed in CBA – Vt. Stat. Ann. tit. 21, §§ 1734 (a) and (d)[81] 
VIRGINIA (Model 3 as of May 2021 – appears to resemble 3a more than 3b)VA Code Ann. § 40.1-57.2. (Effective May 1, 2021)Yes (as of May 2021) – See 2020 Bill Text VA H.B. 582 and § 40.1-57.2(C)[82]N/ANo – RTW Va. Code Ann. § 40.1-58 and § 40.1-57.2(C)With 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[83]N/AWages, hours, empl. terms & conditionsYes – Wash. Rev. Code § 41.59.060(2)Automatic, if addressed in CBA – § 41.59.060(2)2019 Legis. Bill Hist. WA H.B. 1575: request to revoke must be in writing and made to the union’s exclusive bargaining representative. Upon confirmation from representative, employer must cease deductions no later than second payroll.
WEST VIRGINIA (Model 3b)NoYes[84]N/A[85]No – RTW W. Va. Code § 21-5G-1[86]With employee authorization. W. Va. Code §12-3-13bW. Va. Code §12-3-13b: Employee may authorize a voluntary deduction from wages for membership dues to an employee association. The deduction shall be made twice a month and authorization to revoke may be made any time 30 days prior to the date on which the deduction is regularly made and, on a form, to be provided by the office of the state auditor.
WISCONSIN (Model 2)Wis. Stat. § 111.70N/AOnly the amount of base pay, which is capped at the cost of living — §111.70(4)(mb)[87]No – RTW (Act 10), Wis. Stat. § 111.70(2)Prohibited – Wis. Stat. § 111.70(3)(g)All union payroll deductions are illegal, even for union dues.
WYOMING (Model 3b)Wyo. Stat. § 27-7-101[88]Yesacceptable terms and conditions Wyo. Stat. § 27-7-101No – RTW   Wyo. Stat. §§ 27-7-108 (not applicable to pub. employees); 27-7-110-11 (dues and membership not required)With employee authorization, so 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.”

Source: Milton Chappell, National Right to Work Legal Defense Foundation, Inc.

Please send any corrections, updates, etc. to us via the Foundation’s  CONFIDENTIAL CONTACT FORM thank you!

[1] Alabama Const. Art. I, Sec. 36.05 (RTW constitutional protection).

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

[3] 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).

[4] Under § 23.40.225 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.

[5] A.R.S. Const. Art. XXV (RTW constitutionally protected right). 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

[6] 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.

[7] 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).

[8] Ark. Code Ann. § 11-3-301 does not constitute a specific command that public employers must engage in collective bargaining.  City of Fort Smith v. Arkansas State Council No. 38, AFCME, 245 Ark. 409, 433 S.W.2d 153 (1968).

[9] Ark. Const. Amendment 34, §1 (prohibits discrimination for or against union employees).

[10] Ark. Code Ann. § 11-4-205 (collective bargaining for wages and other conditions of work is a protected elective right). Public employer may, but does not have to, engage in collective bargaining with an exclusive representative on conditions of employment, grievance procedures, work rules, disciplinary standards and other nonmonetary conditions.  Atty. Gen. Op. No. 77-99 (June 10, 1977). 

[11] 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, § 3543.2.  However, § 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, § 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.

[12] 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 same criteria. In the event employee holds objection, may seek arbitration. Cal. Gov’t Code § 3546.3.

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

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

[15] Some school districts provide each teacher a “professional fee” fringe benefit in the amount of the union’s dues; while other districts require fee payments, with a “reverse check-off” method to opt out of paying.

[16] The scope of representation includes matters concerning or related to wages, salaries, hours, grievance procedures, and working conditions, § 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] Fla. Const. Art. I, § 6 (RTW constitutionally protected).

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

[20] See SeaPak v. Industrial Employees, Div. of Nat’l Maritime Union, 300 F. Supp. 1197 (S.D. Ga. 1969), aff’d, 423 F.2d 1229 (5th Cir. 1970), 400 U.S. 985, 91 S. Ct. 452, 27 L. Ed. 2d 434 (1971).

[21] See also HRS Const. Art. XIII, § 2 (collective bargaining constitutional right for public employees).

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

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

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

[25] Religious exception included whereby someone with bona fide religious reason may elect to donate their 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 for the employee to choose from.

[26] 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, §§ 20-29-6-4, 20-29-6-7.

[27] See also Burns Ind. Code Ann. § 20-29-7-2 for unfair practices.

[28] 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).

[29] 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.

[30] See also Kan. Const. Art. 15, § 12 (RTW protected constitutional right).

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

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

[33] 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).

[34] The Right to Work Act does not apply to bargaining agreements in effect on January 7, 2017. When those agreements expire, Right to Work will apply to those employees.

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

[36] Also referred to as the Paycheck Protection Act. Ky. Rev. Stat. Ann. § 336.135(8).

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

[38] Piegts v. Amalgamated Meat Cutters & Butchers’ Workmen, 81 So. 2d 835, 1955 La. LEXIS 1350 (La. 1955). La. R.S. § 23:981(prohibiting unions from demanding that only union members can be hired). Cf. La. Atty. Gen. Op. No. 1978-1234 (contractor refusing to hire nonunion members is in violation; however, a contractor may hire whomever they feel is sufficient for the job which may result in only hiring union members).

[39] La. Const. art. XII, § 10(A) abolishes state sovereign immunity in the event of RTW violation. See also La. Atty. Gen. Op. No. 1982-50 (school board may not restrict public bids to only union labor).

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

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

[42] Religious exemption. Money must be paid to a mutually agreed upon nonunion charity. Md. EDUCATION Code Ann. § 6-407(c)(4).

[43] School employees may choose not to participate in activities. Md. EDUCATION Code Ann. § 6-403.

[44] 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. Mar. 11, 1992), 412 Mass. 164, 588 N.E.2d 1, 1992 Mass. LEXIS 143. Additionally, an employee not part of union has constitutional basis to challenge the pro rata of the fees. Lyons v. Labor Relations Com. (Mass. May 8, 1986), 397 Mass. 498, 492 N.E.2d 343, 1986 Mass. LEXIS 1295. Furthermore, a teacher is not required to support the political, social, or special activities of the organization. Whittier Regional School Committee v. Labor Relations Com. (Mass. Jan. 19, 1988), 401 Mass. 560, 517 N.E.2d 840, 1988 Mass. LEXIS 23; Harrison v. Massachusetts Soc. of Professors/Faculty Staff Union/MTA/NEA (Mass. May 15, 1989), 405 Mass. 56, 537 N.E.2d 1237, 1989 Mass. LEXIS 164.

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

[46]  Pre-K teachers don’t 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).

[47] See also Op. Atty. Gen. No. 94-0479, Compton, Aug. 24, 1994.

[48] See Strinni v. Mehlville Fire Prot. Dist., 681 F. Supp. 2d 1052 (E.D. Mo. 2010) (agreement between employers and employees don’t have to be reached, and further stipulating that employees without contracts are at-will).

[49]  Teachers are prohibited by statute § 105.510 R.S.Mo

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

[51] Cf. 39-31-203, MCA (requiring written authorization for dues deduction).

[52] Ne. Const. Art. XV, § 13 (RTW constitutionally granted).

[53] See also R.R.S. Neb. § 48-818.01 for further details.

[54] See also § 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.

[55] Subject to subparagraph (d), which requires that the employer provides a written itemized account of the deduction to the employee once a month, and § 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.

[56] NY CLS Const Art I, § 17 (right to collectively bargain is a constitutionally protected right).

[57] Agency fee deductions are mandatory and automatic, not negotiable, upon certification of the exclusive bargaining representative.

[58] Joining affiliated union is also illegal, § 95-97.

[59] 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, § 34-01-14.1.

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

[61] See § 4117.08(A). Also includes the continuation, modification or deletion of any CBA provision.  SB 5 previously sought to limit the mandatory subjects of bargaining; however, the bill was rejected by vote.

[62] 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.

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

[64] See also O.A.C. § 380:30-1-7(c) (prohibits deductions except those by court order); 40 Okl. St. § 165.5 (statutory labor rights cannot be superseded by private agreement).

[65] See O.A.C. § 380:30-1-7(d)

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

[67] 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).

[68] Bargaining must be reduced to writing, 43 P.S. § 1101.901.

[69] Contingent upon the provisions of the agreement for nonmembers.

[70] Maintenance of membership is also permitted, § 1101.301(18).

[71] Agency fee deductions are mandatory and automatic, not negotiable, upon certification of the exclusive bargaining representative.

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

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

[74] 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).

[75] 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.

[76] 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, § 8-44-201(a).

[77] 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).

[78] Tex. Educ. Code § 22.011: an educator may not be coerced to make charitable contributions.

[79] School Boards must post CBAs. See 2009 Ut. ALS 392, 2009 Utah Laws 392, 2009 Ut. Ch. 392, 2009 Ut. HB 210, 2009 Ut. ALS 392, 2009 Utah Laws 392, 2009 Ut. Ch. 392, 2009 Ut. HB 210.

[80]  School Board may enter into CBA with Utah Schools for the Death and Blind under Utah Code Ann. § 53E-8-301.

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

[82]  Previously VA followed Model 4 and CBAs were not tolerated. SeCommonwealth of Virginia v. County Bo. of Arlington County, 217 Va. 558 (1977).

[83]  § 41.59 Educational Employment Relations Act (§§ 41.59.010 — 41.59.950).

[84] 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.  Atty. Gen. Op., June 26, 1974

[85]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 Cty. Bd. of Educ. v. Jefferson Cty. 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 (LexisNexis, Lexis Advance through all 2020 Regular Session Legislation).

[86]The Right to Work Act does not apply to bargaining agreements in effect on June 30, 2016. As those agreements expire, Right to Work will apply to those employees.

[87] CBAs supersede individual contracts where there is an agreement with the school board. See generally 1971 Wisc. AG LEXIS 80, 60 Op. Atty Gen. Wis. 342.

[88] See Hagen v. Culinary Workers Alliance Local, 70 Wyo. 165, 246 P.2d 778, 1952 Wyo. LEXIS 25 (Wyo. 1952) (right to join or refrain is implied).