Policy Analysis of SB 5623 and HB 1575: Undermining Public Employees’ Constitutional Rights

Policy Analysis of SB 5623 and HB 1575: Undermining Public Employees’ Constitutional Rights

The U.S. Supreme Court in June 2018 ruled in Janus v. AFSCME that it is unconstitutional to require public employees to financially support a union as a condition of employment and that unions and government employers may not make union deductions from an employee’s wages without the clear and affirmative consent of the employee.

In light of declining union membership among public-sector unions in Washington, legislation under consideration Olympia seeks to maximize unions’ dues-collection ability at the expense of public employees’ rights.

House Bill 1575 and its identical companion Senate Bill 5623 contain a series of measures sought by government unions to help shield them from legal liability for illegal dues-collection practices and boost their ability to collect dues in the future. The bills continue legislative efforts to undermine Janus begun in 2018.

Read the Freedom Foundation’s full policy analysis of HB 1575/SB 5623 below.

Director of Research and Government Affairs
mnelsen@freedomfoundation.com
As the Freedom Foundation’s Director of Research and Government Affairs, Maxford Nelsen leads the team working to advance the Freedom Foundation’s mission through strategic research, public policy advocacy, and labor relations. Max regularly testifies on labor issues before legislative bodies and his research has formed the basis of several briefs submitted to the U.S. Supreme Court. Max’s work has been published in local newspapers around the country and in national outlets like the Wall Street Journal, Forbes, The Hill, National Review, and the American Spectator. His work on labor policy issues has been featured in media outlets like the New York Times, Fox News, and PBS News Hour. He is a frequent guest on local radio stations like 770 KTTH and 570 KVI. From 2019-21, Max was a presidential appointee to the Federal Service Impasses Panel within the Federal Labor Relations Authority, which resolves contract negotiation disputes between federal agencies and labor unions. Prior to joining the Freedom Foundation in 2013, Max worked for WashingtonVotes.org and the Washington Policy Center and interned with the Heritage Foundation. Max holds a labor relations certificate from the University of Wisconsin-Madison and graduated magna cum laude from Whitworth University with a bachelor’s degree in political science. A Washington native, he lives in Olympia with his wife and sons.