A measure to block public employers from administering voluntary paycheck deductions for union dues and organization fees sparked intense debate in the Senate last week, including accusations of retribution against specific public employee unions.
House Bill 178, “Public unions-transparency and dues withdrawal limitations,” sponsored by Lusk Republican Rep. JD Williams, would end the longstanding practice of workers voluntarily opting in for things like organizational membership dues. The bill, which passed the Legislature and awaits action by Gov. Mark Gordon, would prohibit public employers from implementing automatic deductions for political action and candidate committees, as well as for some nongovernmental organizations — including the Wyoming Public Employees Association and Wyoming Education Association.
That service, and expense, according to the bill’s proponents, is not the proper role of public employers. Many proponents, however, agreed the practice is proper in some instances. The heavily amended HB 178 carves out deductions for charitable donations and health insurance premiums as well as voluntary dues for police, firefighters and other public safety labor organizations.
That targeted aim, according to opponents, is not only disingenuous, it’s unconstitutional.
“You’re still allowed to deduct your insurance premiums, and we all know — insurance companies — they sure do advocate and lobby,” Wyoming AFL-CIO Executive Director Marcie Kindred told WyoFile. “It’s bad legislation with constitutional concerns. It’s opening us up to litigation — for what?”
Though the bill doesn’t target private employers or private-sector unions, that’s the ultimate goal for anti-union organizations that have lobbied for similar legislation across the country, Kindred said.
“You think they’re stopping with teachers? No, you’re next. The firefighters. Collective bargaining is next. Deregulations on workplace safety — that’s next.”
Some lawmakers, during debate, alluded to animosity toward the Wyoming Education Association, which has challenged the state in court over school voucher payments. WEA President Kimberly Amen said she believes her group is specifically targeted.
“Frankly, this bill appears to be politically motivated and a retaliatory bill against the Wyoming Education Association and, unfortunately, the Wyoming Public Employees Association got tied up in it.”
Senate debate
Among the many volleys and proposed amendments was a discussion about what some proponents said is an improper cost to public employers for administering deductions, which critics of the bill argued was inconsequential and already built into software systems.
But to alleviate those cost-of-service concerns, senators, during third reading of the bill Thursday, debated an amendment to pass on a fee relative to the bookkeeping expense for voluntary deductions.
“I heard from folks back home, they said, ‘Hey, we just want the same ability that we’ve had, and we’re willing to pay that cost.’ That’s what this [amendment] does,” Gillette Republican Rep. Eric Barlow said.
The amendment failed.
House Bill 178 backers resumed arguments that it’s improper for public employers to administer voluntary deductions for union membership dues.
“To be clear, this does not prevent anybody from associating with a labor organization,” Douglas Republican Sen. Brian Boner said. “It’s simply taking the government out of the picture. I think this is a principled stand to ensure that the taxpayer is not supporting this sort of activity.”
Automatic deductions are a privileged service, Casper Republican Sen. Charles Scott said.
“This bill removes [what] has been a special privilege for a particular class of organizations to have that paycheck deduction,” Scott said. “I think, probably more importantly, is that it lets individuals make the decision away from the workplace, in their own privacy, use their own judgment, free from the kind of coercion that has been used to push membership in these kinds of organizations.”
Jackson Democratic Sen. Mike Gierau said the bill unfairly targets public employees, taking away a common service that both public and private employees have always relied on.
“It takes away freedom from the very people who are our employees — our state employees,” Gierau said. “Why? What are we afraid of? We’re afraid of freedom? Interesting.”
Others suggested the measure, if signed into law, will serve to motivate the very organizations that the bill appears to target.
“So this is a bill, which is also a federal bill that comes up perennially to do the exact same thing at the federal level, and I feel like it’s punitive [toward] a couple of unions,” Cheyenne Republican Sen. Tara Nethercott said. “I don’t think the motivation is right. I don’t think it’s actually solving any problem, and more importantly, I think it’s wildly shortsighted.
“Yes, it may make it a little bit harder,” Nethercott continued, “but you’re motivating them to get active.”
Amen of the WEA said she agrees.
“I believe this will make the Wyoming Education Association stronger,” Amen said. “I think it’s on. It’s an unfair bill. It’s a retaliatory bill. It’s a very targeted bill.”
Perhaps the most dangerous aspect of HB 178, Amen said, is that members of the Wyoming Public Employees Association rely on that organization for vision and dental coverage. If the measure is passed, it creates a huge headache for current employees as well as retirees.
If the governor allows the bill to become law, Amen said there will likely be a challenge.
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