Public Sector Deauthorization Laws (as of 8/2010)  

Deauthorization laws are not necessary in Right to Work states, because Right to Work laws prohibit compulsory union membership and fee requirements.

You may contact Foundation staff attorneys if you have questions about how to proceed under any of these laws, need assistance in dealing with the appropriate state agency, or encounter legal difficulties interfering with your efforts.

Alaska

Alaska law has no provision for deauthorization of a public sector agency fee agreement.

California

California law has provisions which provide for rescission (deauthorization) of a public sector agency shop agreement. For MMBA-covered employees, the local public agency may provide for procedures different from PERB’s. California Government Code Section 3502.5(d). The employee should consult the relevant city or county ordinance to determine if the local public agency has provided any deauthorization procedures. If the local public agency provides no procedures, the employee may petition PERB for relief. See PERB Regulation 60000(a). Employees governed by the Dills Act (state employees) must file a petition for rescission of the fair share fee provision with the PERB in Sacramento. To obtain a Rescission Petition, see the PERB website.

Public school (K-12) and community college employees (EERA) can file a petition for rescission of the fair share fee provision with the appropriate PERB regional office (see PERB Regulation 32075). To obtain a Rescission Petition, see the PERB website, and scroll down, then click on "EERA Fair Share Fee Rescission Petition".

Higher education employees (HEERA) can file a petition for rescission of the fair share fee provision with the appropriate PERB regional office. To obtain a Rescission Petition see the the PERB website, and scroll down, then click on "HEERA Fair Share Fee Rescission Petition".

Connecticut

Connecticut law has no provision for deauthorization of a public sector agency shop agreement.

Delaware

Delaware law has no provision for deauthorization of a public sector agency shop agreement.

District of Columbia

District of Columbia law has no provision for deauthorization of a public sector agency shop agreement.

Florida (Right to Work State)

Hawaii

Hawaii law has no provision for deauthorization of a public sector agency shop agreement.

Illinois

Illinois law has no provision for deauthorization of a public sector agency shop agreement.

Indiana

Indiana law has no provision for deauthorization of a public sector agency shop agreement.

Iowa (Right to Work State)

Kansas (Right to Work State)

Kentucky

Kentucky law has no provision for deauthorization of a public sector agency shop agreement.

Maine

Maine law has no provision for deauthorization of a public sector agency shop agreement.

Maryland

Maryland law has no provision for deauthorization of a public sector agency shop agreement.

Massachusetts

Massachusetts law has no provision for deauthorization of a public sector agency shop agreement.

Michigan

Michigan law has no provision for deauthorization of a public sector agency shop agreement.

Minnesota

Minnesota law has no provision for deauthorization of a public sector agency shop agreement.

Missouri

Missouri law has no provision for deauthorization of a public sector agency shop agreement.

Montana

Montana law has no provision for deauthorization of a public sector agency shop agreement.

Nebraska (Right to Work State)

Nevada (Right to Work State)

New Hampshire

New Hampshire law has no provision for deauthorization of a public sector agency shop agreement.

New Jersey

New Jersey law has no provision for deauthorization of a public sector agency shop agreement.

New Mexico

New Mexico law has no provision for deauthorization of a public sector agency shop agreement.

New York

New York law has no provision for deauthorization of a public sector agency shop agreement.

Ohio

Ohio law has no provision for deauthorization of a public sector agency shop agreement.

Oklahoma (Right to Work State)

Oregon

Oregon law permits public employees to obtain an election to rescind a “fair share” agreement: “petition to rescind a fair share agreement in the collective bargaining agreement between a public employee and a labor organization may be filed by an employee or group of employees. The petition must be accompanied by a statement signed by 30 percent or more of the employees in the bargaining unit stating that they desire to rescind the fair share agreement. To be valid, signatures must be obtained after the subject collective bargaining agreement is enforceable under Oregon Revised Statutes Annotated sections 243.672(1)(h) and (2)(e) . . . .” (Oregon Administrative Rule 115-030-0000). The same rule covers deauthorization, including when to file such a petition.

Pennsylvania

Pennsylvania law has no provision for deauthorization of a public sector agency shop agreement.

Rhode Island

Rhode Island law has no provision for deauthorization of a public sector agency shop agreement.

South Dakota (Right to Work State)

Tennessee (Right to Work State)

Vermont

Vermont law has no provision for deauthorization of a public sector agency shop agreement.

Washington

Washington law has no provision for deauthorization of a public sector agency shop agreement.

Wisconsin

Wisconsin law has a provision for deauthorizing a public sector maintenance of membership or “fair-share” agreement, “[a] petition must be supported by proof that at least 30% of the employees or supervisors in the collective bargaining unit desire that the fair-share or maintenance of membership agreement be discontinued. Upon so finding, the commission shall conduct a new referendum. . . If the continuation of the agreement is not supported in any referendum, it is deemed terminated at the termination of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.” Wisconsin Statutes Annotated section 111.85(2)(a).

Wyoming (Right to Work State)


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