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U.S. Rep. Matt Cartwright Reintroduces Bipartisan, Bicameral Legislation to Protect Collective Bargaining Rights for Public Sector Unions

Senator Mazie Hirono (D-HI) Introduces Companion Legislation in the Senate

Today, U.S. Representatives Matt Cartwright (D-PA-08) and Brian Fitzpatrick (R-PA-01) and Senator Mazie Hirono (D-HI) reintroduced the Public Service Freedom to Negotiate Act, which protects the right of public employees to join unions and engage in collective bargaining on behalf of middle-class workers.

In 2018, the U.S. Supreme Court ruled in Janus v. AFSCME to overturn more than 40 years of legal precedent and strip public employee unions of their ability to collect fees for representation they are legally required to provide workers. Since Janus, many states have passed laws threatening workers’ rights and weakening unions.

The Public Service Freedom to Negotiate Act would help to level the playing field for those essential workers by establishing a minimum standard of collective bargaining rights that states and localities must provide.

“I will always fight to maintain collective bargaining rights for hard-working Americans, including my constituents in Northeastern Pennsylvania, where union rights are a time-honored tradition,” Rep. Cartwright said. “Strong public and private sector unions built the middle class in our country. With all of the progress workers of all stripes have made, now is not the time to turn back the clock on fair pay and workplace protections when struggling families need it the most.”

“Private sector workers are guaranteed the right to organize under federal law, so too should public sector workers,” said Senator Hirono. “The Public Service Freedom to Negotiate Act will help ensure every public employee has their voice heard in the workplace, protecting their rights to organize for fair wages, benefits, and working conditions. I’m proud to lead this legislation to preserve and strengthen the right to unionize for public sector workers who teach our children, protect our safety, and keep our communities moving forward.”

“Our public servants at every level of government are crucial to ensuring that the important functions of our nation are carried out each day,” Rep. Brian Fitzpatrick said. “Beyond being grateful for their dedication, Congress must guarantee the rights of these employees to organize and collectively bargain. I am proud to co-lead the bipartisan Public Service Freedom to Negotiate Act which will do just that, expanding protections for those who work tirelessly for the benefit of my constituents in Bucks and Montgomery Counties and for communities across the country.”

“From first responders to bus drivers to teachers, America’s public sector workers deserve a voice on the job and the freedom to join a union and bargain collectively for higher wages, better benefits, and safer working conditions,” said Congressional Labor Caucus co-chairs Reps. Steven Horsford (D-NV), Mark Pocan (D-WI), Donald Norcross (D-NJ), and Debbie Dingell (D-MI). “As co-chairs of the Labor Caucus, we’re proud to support the Public Service Freedom to Negotiate Act and safeguard the right to organize for public employees who are the backbone of our communities.”  

Organized labor is a main pillar of the strong American middle class. Research shows union members employed by a state government earn 17 percent more than their non-union counterparts, and union members employed by a local government earn 35 percent more than their non-union counterparts.

Unfortunately, many states outright prohibit their public-sector employees from engaging in collective bargaining to improve wages or working conditions.

Where states fail to provide basic collective bargaining rights for public sector employees, this bipartisan, bicameral legislation would empower the Federal Labor Relations Authority to protect the rights of state, territorial, and local government employees to:

  • Form, join, or assist unions, to bargain collectively, and to join together to engage in other activities to improve their working conditions;
  • Have their union recognized by their public employer through democratic procedures;
  • Have a procedure for resolving impasses in collective bargaining; and
  • Authorize the deduction of fees to support the union to the extent permitted by law.

This legislation is endorsed by the AFL-CIO, Amalgamated Transit Union (ATU), American Federation of State, County and Municipal Employees (AFSCME), American Federation of Teachers (AFT), Communications Workers of America (CWA), Department for Professional Employees, AFL-CIO (DPE), International Alliance of Theatrical Stage Employees (IATSE), International Association of Machinists and Aerospace Workers (IAM), International Brotherhood of Electrical Workers (IBEW), International Brotherhood of Teamsters, International Federation of Professional and Technical Engineers (IFPTE), International Union of Painters & Allied Trades (IUPAT), Transport Workers Union of America (TWU),  United Food and Commercial Workers International Union (UFCW), United Steelworkers (USW), Utility Workers Union of America, AFL-CIO (UWUA), United Automobile Workers (UAW), Laborers’ International Union of North America (LIUNA) and the International Union of Police Associations (IUPA).

“We applaud Senator Hirono and Representatives Cartwright and Fitzpatrick for again introducing the bipartisan Public Service Freedom to Negotiate Act, which would finally give public service workers nationwide collective bargaining rights,” said American Federation of State, County and Municipal Employees (AFSCME) President Lee Saunders. “With a seat at the table, we can fight for fair pay, better benefits, and safer working conditions — all of which are critical for recruiting and retaining qualified people to work in public service. During a time when many public services face drastic staffing shortages and turnover, we must identify ways to strengthen this workforce. This crucial legislation will help do this and more.”

“The Teamsters are proud to endorse the Public Service Freedom to Negotiate Act, guaranteeing all public sector workers the right to organize and join a union, and this bill establishes a standard that states must meet,” said Teamsters General President Sean M. O’Brien. “These are the workers that make our cities and states run and we owe it to them to protect their right to organize and ensure they have a safe and dignified environment where they work.”

“Our communities are safer, healthier, and stronger when public service workers – educators, state and local government employees and others – have the freedom to bargain for family-sustaining wages, good healthcare, and the ability to retire securely,” said American Federation of Teachers President Randi Weingarten. “When unions bargain, they don’t just bargain for their members, they bargain for the common good, and for real solutions that address the real issues that impact all of us every day, whether it’s putting food on the table or putting our kids through college. The Public Service Freedom to Negotiate Act would make sure that an educator in Louisiana has the same right to bargain as a scientist working in New Hampshire, because the right to advocate for a better life should not depend on the state where you live. This bill ensures that workers can protect their voice on the job, which helps them advocate for themselves, their families, and the people they serve.”

“We fight every day for more people to have access to collective bargaining which changes lives through better pay and benefits and safer working conditions,” said Utility Workers Union of America President James Slevin. “We wholeheartedly support the Public Freedom to Negotiate Act and the impact it will have on expanding collective bargaining rights to public sector workers everywhere. Thank you, Senator Hirono and Representative Cartwright, for advancing this important legislation.”

In the U.S. House of Representatives, this legislation is co-sponsored by U.S. Reps. Emanuel Cleaver (D-MO-05), Raja Krishnamoorthi (D-IL-08), Eleanor Holmes Norton (D-DC), Marc Veasey (D-TX-33), Jan Schakowsky (D-IL-09), Dwight Evans (D-PA-03), Donald Norcross (D-NJ-01), Scott Peters (D-CA-50), Jahanna Hayes (D-CT-05), Chuy García (D-IL-04), Debbie Dingell (D-MI-06), David Trone (D-MD-06), Suzanne Bonamici (D-OR-01), Brendan Boyle (D-PA-02), Seth Moulton (D-MA-06), Paul Tonko (D-NY-20), Stephen F. Lynch (D-MA-08), Lori Chavez-DeRemer (R-OR-05), Ritchie Torres (D-NY-15), Chellie Pingree (D-ME-01), Brad Sherman (D-CA-32), Julia Brownley (D-CA-26), Susan Wild (D-PA-07), Lucy McBath (D-GA-07), Frederica Wilson (D-FL-24), Nikema Williams (D-GA-05), Dan Kildee (D-MI-08), André Carson (D-IN-07), Bill Foster (D-IL-11), Mary Gay Scanlon (D-PA-05), Jill Tokuda (D-HI-02), Gerry Connolly (D-VA-11), Angie Craig (D-MN-02), Nydia M. Velázquez (D-NY-07), Greg Landsman (D-OH-01), Jimmy Panetta (D-CA-19), Marcus Molinaro (R-NY-19), Ilhan Omar (D-MN-05), Sheila Cherfilus-McCormick (D-FL-20), Mark Pocan (D-WI-02), Katie Porter (D-CA-47), Betty McCollum (D-MN-04), Steve Cohen (D-TN-09), Morgan McGarvey (D-KY-03), Josh Gottheimer (D-NJ-05), Deborah Ross (D-NC-02), Danny Davis (D-IL-07), Rick Larsen (D-WA-02), Don Bacon (R-NE-02), Nikki Budzinski (D-IL-13), Jerrold Nadler (D-NY-12), Anna Eshoo (D-CA-16), Haley Stevens (D-MI-11), Linda T Sánchez (D-CA-38), Kevin Mullin (D-CA-15), Paul Tonko (D-NY-20), Eric Swallwell (D-CA-14), Colin Allred (D-TX-32), Dean Phillips (D-MN-03), Mikie Sherrill (D-NJ-11), Bonnie Watson Coleman (D-NJ-12), Mark Takano (D-CA-39), Debbie Wasserman Schultz (D-FL-25), Elissa Slotkin (D-MI-07), Lisa Blunt Rochester (D-DE), John Garamendi (D-CA-08), Glenn Ivey (D-MD-04), Rosa DeLauro (D-CT-03), Melanie Stansbury (D-NM-01), Chris Deluzio (D-PA-17), Frank Mrvan (D-IN-01), Chrissy Houlahan (D-PA-06), Steven Horsford (D-NV-04), Robert Garcia (D-CA-42), Dan Goldman (D-NY-10), Salud Carbajal (D-CA-24), Greg Casar (D-TX-35), Steny Hoyer (D-MD-05), Val Hoyle (D-OR-04), John Sarbanes (D-MD-03), Mike Lawler (R-NY-17), Don Beyer (D-VA-08), Maxwell Alejandro Frost (D-FL-10), Bennie Thompson (D-MS-02), Bill Pascrell (D-NJ-09), Judy Chu (D-CA-28) and Marie Gluesenkamp Perez (D-WA-03).

In the U.S. Senate, this legislation is co-sponsored by U.S. Senators Maria Cantwell (D-WA), Kirsten Gillibrand (D-NY), Amy Klobuchar (D-MN), Ed Markey (D-MA), Jacky Rosen (D-NV), Jack Reed (D-RI), Bernie Sanders (I-VT), Brian Schatz (D-HI), Debbie Stabenow (D-MI), Cory Booker (D-NJ), Sherrod Brown (D-OH), Laphonza Butler (D-CA), John Fetterman (D-PA), Ben Ray Luján (D-NM), Elizabeth Warren (D-MA), Bob Casey (D-PA), Martin Heinrich (D-NM), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), Chuck Schumer (D-NY), Tina Smith (D-MN), Tammy Duckworth (D-IL), Richard Blumenthal (D-CT), Tammy Baldwin (D-WI), Jeff Merkley (D-OR), Patty Murray (D-WA), Alex Padilla (D-CA), Chris Van Hollen (D-MD), Ben Cardin (D-MD) and Ron Wyden (D-OR).

Text of this legislation can be found HERE.