Michelle Berger is a student at Harvard Law School.
In today’s News and Commentary: DeSantis signed Florida’s anti-union bill, Florida’s teachers’ union immediately sued to enjoin it, Rutgers instructional unions ratified new contracts, and Sen. Dianne Feinstein returned to the Senate.
Florida Governor Ron DeSantis signed into law on Tuesday a measure that endangers the future of public sector unions in the state. SB 256 will affect Florida’s public sector unions in several ways. A key provision of the law prohibits the automatic deduction of public sector union dues from paychecks. The automatic deductions provision exempts police officer unions, corrections officer unions, and firefighter unions. Another provision of the law requires a recertification election if less than 60 percent of workers eligible for the union’s representation pay dues during a specified period. Other provisions in the law require unions to obtain audits of their annual reports and make it easier for union members to leave the union for any reason. DeSantis signed the bill, SB 256, during a news conference at a charter school in Miami.
While union density (the share of workers in a state represented by a union) in Florida is well below the national average, it is slightly higher than some nearby states, such as Georgia and Louisiana. And collective bargaining in Florida enjoys protection in the state’s constitution. Yet SB 256 appears to show DeSantis’ hostility to the state’s public sector unions, and in particular the state’s teachers’ unions. Several litigants including the Florida Education Association immediately sued to enjoin the law, arguing that it violates their rights under the First Amendment, Fourteenth Amendment, and Contracts Clause of the Federal Constitution. The complaint alleges that there is “no remotely sufficient governmental interest” to justify the legislation, and “much less is there any legitimate basis for singling out” only certain unions. Rather, the complaint alleges, Governor DeSantis’ “opposition to the viewpoint advanced by his political opponents—including their full-throated support for public education—is the manifest purpose for his punitive, unconstitutional initiative.”
In New Jersey, Rutgers University instructional workers voted to ratify new contracts with the university after a year of contract negotiations. A five-day strike last month brought teaching at the university to a halt, with the three unions of 9,000 instructional staff acting in solidarity. The new contracts include raises and, for long-time adjuncts, greater job security. 6,000 non-instructional workers remain in contract negotiations with the university.
And finally, in news which could have implications for President Biden’s Secretary of Labor nominee Julie Su, Senator Dianne Feinstein (D-Cal.) returned to the Senate yesterday. As I wrote last month, Su’s confirmation vote appears headed for a razor-thin margin.
Daily News & Commentary
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February 15
The Office of Personnel Management directs federal agencies to terminate their collective bargaining agreements, and Indian farmworkers engage in a one-day strike to protest a trade deal with the United States.
February 13
Sex workers in Nevada fight to become the nation’s first to unionize; industry groups push NLRB to establish a more business-friendly test for independent contractor status; and UFCW launches an anti-AI price setting in grocery store campaign.
February 12
Teamsters sue UPS over buyout program; flight attendants and pilots call for leadership change at American Airlines; and Argentina considers major labor reforms despite forceful opposition.
February 11
Hollywood begins negotiations for a new labor agreement with writers and actors; the EEOC launches an investigation into Nike’s DEI programs and potential discrimination against white workers; and Mayor Mamdani circulates a memo regarding the city’s Economic Development Corporation.
February 10
San Francisco teachers walk out; NLRB reverses course on SpaceX; NYC nurses secure tentative agreements.
February 9
FTC argues DEI is anticompetitive collusion, Supreme Court may decide scope of exception to forced arbitration, NJ pauses ABC test rule.