The Mackinac Center’s Workers for Opportunity initiative scored a major victory in February, when the state of Utah enacted labor reforms that embody our pro-freedom ideas.
The Mackinac Center started WFO in 2019, a year after the Supreme Court ruled in its landmark Janus v. AFSCME decision that no public employee in the country could be forced to pay union dues or fees as a condition of employment. That ruling helps protect the First Amendment rights of millions of workers.
WFO was born with a mission to advance workplace freedom for employees across the country. We work alongside coalition partners, policymakers, administrations and other stakeholders. To date, we have helped roll back union infringements on employee rights in more than 20 states.
The bill Utah Gov. Spencer Cox signed in February addresses the inherent problems that arise when government officials use public funds to negotiate with unions. Public sector negotiations, unlike their counterparts in the private sector, lack market-based checks and balances. This leads to unchecked government growth and burdens on taxpayers.
The new Utah law allows public employees to work directly with their employers instead of having to go through a union to discuss questions of employment, including salaries, benefits and performance. This landmark law puts workers in charge of their careers and enhances their autonomy.
The law also increases transparency by imposing reporting requirements on public sector unions. Members will be able to see how much their union spends on representation, politics and lobbying. This helps workers make informed decisions about their membership and whether the union represents their values.
Release time, a special type of leave that allows employees to work for unions while being paid with public dollars, has also been eliminated in Utah, thanks to this law. Workers for Opportunity was honored to work with HB267 sponsors Rep. Jordan Teuscher and Sen. Kirk Cullimore, along with supporters including Senate President Stuart Adams and Speaker Mike Schultz. The law is an important win for Beehive State public employees and taxpayers.
Government unions will still exist in Utah, and public employees can still choose to join them, despite claims from union leaders. Workers who agree with union spending can support their unions wholeheartedly. Those who do not are free to decline membership and can negotiate their job requirements directly with their employer. The difference now is that public sector unions will no longer have a monopoly in representing government employees, including those who might not want the representation in the first place.
In a post-Janus world, the pendulum of public policy continues to swing toward greater freedom for employees.