Oklahoma Gov. Kevin Stitt issues executive order on teachers’ union payroll deduction authorizations
Oklahoma Gov. Kevin Stitt (R) signed an executive order on Aug. 19 on teachers’ union payroll deduction authorizations.
The executive order
On Aug. 19, Stitt issued an executive order “[urging] the State Board of Education to take action to ensure that payroll deductions meet the requirements of state and federal law and that school district employees are fully informed of their First Amendment rights.”
The order quoted Article XXIII, § 1A(C) of the state constitution, which says, “It shall be unlawful to deduct from the wages, earnings, or compensation of an employee any union dues, fees, assessments, or other charges to be held for, transferred to, or paid over to a labor organization unless the employee has first authorized such deduction.”
After discussing earlier case law and citing Janus v. AFSCME (2018), Stitt wrote:
“I, J. Kevin Stitt, Governor of the State of Oklahoma, … hereby urge the Oklahoma State Board of Education (SBOE) … to take action to the fullest extent permitted by applicable law to ensure that employee organization payroll deductions meet the requirements of state and federal law and that school district employees are fully informed of their First Amendment rights—including their right to refuse to pay employee organization dues as well as their right not to associate with the employee organization. I further urge the SBOE to make certain that the requirements of state and federal law regarding school district employees’ First Amendment rights are satisfied annually.”
State Superintendent of Public Instruction Joy Hofmeister chairs the Oklahoma State Board of Education. Hofmeister is the Democratic nominee for governor of Oklahoma and faces Stitt in the Nov. 8 general election.
This is the 18th executive order Stitt has issued in 2022.
Stitt has been governor of Oklahoma since 2019. Republicans have had trifecta control of Oklahoma state government since 2011.
Perspectives
Support
Oklahoma Secretary of Education Ryan Walters said, “With an executive order [Stitt] placed today, teachers are going to be informed yearly of their ability to opt out of their union contracts. For far too long, our teachers’ unions have intimidated our teachers into joining and not told them about their ability to opt out of their union contracts. … Unfortunately, our superintendent Joy Hofmeister has done a terrible job of telling teachers what their rights are, and we’re not going to allow this any further. Teachers will be informed of this every year so our great teachers know that their union dues don’t have to go to a far-left organization any longer.”
Americans For Prosperity Oklahoma state director John Tidwell said, “We applaud the dedication and leadership Governor Stitt has brought to this issue. … Teachers are an invaluable resource for our communities and as such they should have the freedom to exercise their First Amendment rights just like the rest of us. Trapping teachers in a never-ending cycle of union memberships and using their hard-earned income to fund political speech they disagree with is simply un-American. We expect the State School Board to take swift action on this issue and the legislature to follow suit and codify this policy during the 2023 legislative Session.”
Opposition
Oklahoma Education Association president Katherine Bishop said, “The Oklahoma Education Association is a respected organization that works tirelessly to protect and advocate for our public schools. We have always been an opt-in organization since our first meeting in 1889. We follow all state and federal laws and always have. … The Executive Order filed on August 19, 2022 is a baseless attack on the voices of educators ahead of an important election. This only distracts from real issues like the educator shortage crisis and Oklahoma ranking 49th in education funding. The 90% of Oklahoma children who attend public schools and the professionals who serve them deserve better.”
The Oklahoma Democratic Party tweeted, “Stitt wants the public to think that teachers don’t already have the option to opt-out with this performative EO, pretending that everyone is automatically opted in. This is an attack on unions and labor! Just more anti-everything movement!”
What we’re reading
- Government Executive, “Here’s Where Federal Employee Unions Can Look to Expand Their Ranks,” Aug. 24, 2022
- The Center Square, “Biden administration uses taxpayer dollars to help grow public unions, critics push back,” Aug. 23, 2022
- The Morning Call, “Federal judge rules against Allentown Symphony musician who didn’t want to pay union dues; lawyers say they will appeal,” Aug. 23, 2022
- Freedom Foundation, “Freedom Foundation kicks off major TV ad campaign targeting government workers,” Aug. 22, 2022
- Quartz, “Are unions responsible for the decline of unions?” Aug. 22, 2022
The big picture
Number of relevant bills by state
We are currently tracking 149 pieces of legislation dealing with public-sector employee union policy. On the map below, a darker shade of green indicates a greater number of relevant bills. Click here for a complete list of all the bills we’re tracking.
Number of relevant bills by current legislative status
Number of relevant bills by partisan status of sponsor(s)
Recent legislative actions
Below is a complete list of relevant legislative actions taken since our last issue.
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California AB1577: This bill would allow state legislative employees to organize and bargain collectively.
- Democratic sponsorship.
- Senate amended on Aug. 22 and Aug. 23. Read second time, ordered to third reading Aug. 24.
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California AB1714: This bill would allow unions representing excluded state employees to request arbitration with the Department of Human Resources in certain circumstances.
- Democratic sponsorship.
- Ordered to special consent calendar Aug. 22. Read third time, Senate approved on Aug. 23. Ordered to Assembly Office of Engrossing and Enrolling.
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California SB931: This bill would allow a union to bring a claim before the Public Employment Relations Board against a public employer allegedly in violation of California Government Code Section 3550 and would set civil penalties for violations. Section 3550 prohibits public employers from discouraging union membership.
- Democratic sponsorship.
- Read third time, Assembly approved on Aug. 24. Ordered to Senate, concurrence in Assembly amendments pending.
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California SB1406: This bill would allow unions representing excluded state employees to request arbitration with the Department of Human Resources in certain circumstances.
- Democratic sponsorship.
- Read third time, Assembly approved on Aug. 24. Ordered to Senate.
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