Various categorizations of legal environment for collective bargaining, union coverage rates, and "right to work" status
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | |
|---|---|---|---|---|---|---|---|
| State | Favorability of legal environment for public sector bargaining, 1996 | Favorability of legal environment for public sector bargaining, 2017 | Favorability of legal environment for private sector bargaining, 2017 | Union coverage rate, private sector | Union coverage rate, public sector | “Right to work” (1 = RTW; 0 = not RTW) | Union coverage level, private sector |
| Alabama | Unfavorable | Unfavorable | Unfavorable | 6.0% | 25.2% | 1 | 93,586 |
| Alaska | Favorable | Favorable | Intermediate | 10.3% | 47.5% | 0 | 22,582 |
| Explanation of difference between 1996 and 2017 in Alaska: The city of Anchorage passed a 2013 ordinance sharply restricting the scope of bargaining and eliminating public employee’s right to strike, though this law was subsequently overturned by voter referendum. | |||||||
| Arizona | Intermediate | Intermediate | Unfavorable | 2.7% | 21.7% | 1 | 64,502 |
| Explanation of difference between 1996 and 2017 in Arizona: A “right to work” state which cut pension benefits; abolished civil service; outlawed project labor agreements; and adopted a “paycheck protection” law, though this was vetoed by the governor. | |||||||
| Arkansas | Unfavorable | Unfavorable | Unfavorable | 4.1% | 11.5% | 1 | 40,394 |
| California | Favorable | Favorable | Favorable and Actionable | 9.9% | 56.8% | 0 | 1,327,964 |
| Explanation of difference between 1996 and 2017 in California: Democrats have controlled all three branches of government for at least the past four years. | |||||||
| Colorado | Unfavorable | Unfavorable | Unfavorable | 6.9% | 29.0% | 0 | 143,693 |
| Connecticut | Favorable | Favorable | Favorable | 10.1% | 70.8% | 0 | 138,421 |
| Delaware | Favorable | Favorable | Favorable and Actionable | 8.1% | 43.5% | 0 | 28,534 |
| Explanation of difference between 1996 and 2017 in Delaware: Democrats have controlled all three branches of government for at least the past four years. | |||||||
| Florida | Favorable | Intermediate | Unfavorable | 3.3% | 27.6% | 1 | 239,146 |
| Explanation of difference between 1996 and 2017 in Florida: A right-to-work state which since 2011 has passed laws cutting public employee pension benefits, undermining seniority and tenure rights for school teachers and funding the growth of non-union charter and voucher schools, and whose House of Representatives in 2017 adopted a bill that would automatically decertify any public sector union whose dues-paying membership falls below 50% of the bargaining unit. | |||||||
| Georgia | Unfavorable | Unfavorable | Unfavorable | 3.7% | 13.1% | 1 | 134,773 |
| Hawaii | Favorable | Favorable | Favorable and Actionable | 14.8% | 47.3% | 0 | 71,237 |
| Explanation of difference between 1996 and 2017 in Hawaii: Democrats have controlled all three branches of government for at least the past four years | |||||||
| Idaho | Unfavorable | Unfavorable | Unfavorable | 4.0% | 18.7% | 1 | 23,839 |
| Illinois | Favorable | Intermediate | Intermediate | 10.2% | 52.6% | 0 | 499,710 |
| Explanation of difference between 1996 and 2017 in Illinois: Democratic legislators adopted 2011 legislation restricting the scope of bargaining and the right to strike for Chicago school teachers. | |||||||
| Indiana | Intermediate | Unfavorable | Unfavorable | 8.1% | 33.5% | 1 | 212,840 |
| Explanation of difference between 1996 and 2017 in Indiana: Outlawed public sector collective bargaining; preempted local minimum wage increases; adopted “right to work” and eliminated prevailing wage rights. | |||||||
| Iowa | Favorable | Favorable | Unfavorable | 5.6% | 33.8% | 1 | 68,819 |
| Explanation of difference between 1996 and 2017 in Iowa: Exacted legislation in 2017 similar to Wisconsin’s Act 10 (note, our data only go through April 2017, so we are not including this change in the middle column, since that column should reflect state of the laws when the data were collected). | |||||||
| Kansas | Intermediate | Intermediate | Unfavorable | 6.5% | 26.6% | 1 | 68,577 |
| Explanation of difference between 1996 and 2017 in Kansas: Restricted the scope of bargaining for school teachers and funded non-union voucher schools; eliminated both prevailing wage rights and project labor agreements; and adopted an aggressive “paycheck protection” statute. | |||||||
| Kentucky | Unfavorable | Unfavorable | Unfavorable | 11.4% | 23.8% | 1 | 169,990 |
| Louisiana | Unfavorable | Unfavorable | Unfavorable | 3.1% | 16.9% | 1 | 45,052 |
| Maine | Favorable | Intermediate | Intermediate | 5.6% | 60.0% | 0 | 27,191 |
| Explanation of difference between 1996 and 2017 in Maine: Abolished collective bargaining rights for childcare workers and farmworkers, cut pension benefits and imposed a multi-year wage freeze for public employees. | |||||||
| Maryland | Favorable | Favorable | Favorable | 6.8% | 33.1% | 0 | 143,040 |
| Massachusetts | Favorable | Favorable | Favorable and Actionable | 6.3% | 53.3% | 0 | 176,949 |
| Michigan | Favorable | Intermediate | Unfavorable | 11.3% | 49.9% | 1 | 415,432 |
| Explanation of difference between 1996 and 2017 in Michigan: Abolished fair-share in both the public and private sector, prohibited payroll deduction of union dues, cut healthcare and retiree benefits, outlawed project labor agreements, restricted teachers’ scope of bargaining, abolished collective bargaining rights for graduate researchers and prohibited cities and counties from adopting any labor standards more progressive than state law. | |||||||
| Minnesota | Favorable | Favorable | Intermediate | 9.2% | 49.0% | 0 | 200,736 |
| Explanation of difference between 1996 and 2017 in Minnesota: Legislature voted to freeze public employee pay and to restrict the scope of bargaining and eliminate the right to strike of school teachers, though both statutes were vetoed by the governor. | |||||||
| Mississippi | Unfavorable | Unfavorable | Unfavorable | 6.1% | 14.2% | 1 | 53,889 |
| Missouri | Intermediate | Intermediate | Unfavorable | 7.6% | 24.4% | 1 | 177,092 |
| Explanation of difference between 1996 and 2017 in Missouri: Eliminated prevailing wage rights and adopted both a “right to work” and a “paycheck protection” law. | |||||||
| Montana | Favorable | Favorable | Intermediate | 7.5% | 38.6% | 0 | 24,829 |
| Explanation of difference between 1996 and 2017 in Montana: Cut pension benefits and whose legislators voted to abolish defined benefit pensions for school teachers, though this law was vetoed by the governor. | |||||||
| Nebraska | Favorable | Favorable | Unfavorable | 4.6% | 36.2% | 1 | 33,505 |
| Explanation of difference between 1996 and 2017 in Nebraska: A “right to work” state. In 2011 passed a law that changes the way contract disputes are settled under the state’s labor commission, in ways that favor the employer. So that was a downgrading of public sector collective bargaining rights, but relatively mild compared to places like Wisconsin. | |||||||
| Nevada | Unfavorable | Unfavorable | Unfavorable | 10.4% | 36.3% | 1 | 111,305 |
| New Hampshire | Favorable | Intermediate | Unfavorable | 4.3% | 54.0% | 0 | 24,483 |
| Explanation of difference between 1996 and 2017 in New Hampshire: Took away the right to card-check recognition for public employees, abolished the state minimum wage, undermined teacher seniority and tenure protections, and both legislative chambers adopted a 2011 “right to work” law, though this was ultimately vetoed by the governor. | |||||||
| New Jersey | Favorable | Intermediate | Unfavorable | 8.3% | 59.5% | 0 | 273,716 |
| Explanation of difference between 1996 and 2017 in New Jersey: Cut pension benefits, restricted the scope of arbitration for uniformed services, undermined teachers’ tenure and seniority protections, and instituted a four-year ban on healthcare bargaining. | |||||||
| New Mexico | Favorable | Favorable | Favorable | 3.4% | 22.9% | 0 | 20,173 |
| Explanation of difference between 1996 and 2017 in New Mexico: | |||||||
| New York | Favorable | Favorable | Favorable and Actionable | 16.6% | 70.4% | 0 | 1,140,638 |
| Explanation of difference between 1996 and 2017 in New York: Democrats have controlled all three branches of government for at least the past four years. | |||||||
| North Carolina | Unfavorable | Unfavorable | Unfavorable | 2.6% | 14.2% | 1 | 94,559 |
| North Dakota | Unfavorable | Unfavorable | Unfavorable | 4.3% | 18.3% | 1 | 12,826 |
| Ohio | Favorable | Favorable | Unfavorable | 8.8% | 47.4% | 0 | 383,424 |
| Explanation of difference between 1996 and 2017 in Ohio: Passed an Act 10-copycat bill in 2011, SB5. SB5 was subsequently overturned by referendum, but its adoption by the state’s legislature and Governor indicate a hostile environment for labor law reform. | |||||||
| Oklahoma | Unfavorable | Unfavorable | Unfavorable | 3.7% | 18.9% | 1 | 43,786 |
| Oregon | Favorable | Favorable | Favorable and Actionable | 9.9% | 57.3% | 0 | 147,066 |
| Explanation of difference between 1996 and 2017 in Oregon: Democrats have controlled all three branches of government for at least the past four years. | |||||||
| Pennsylvania | Favorable | Intermediate | Unfavorable | 7.9% | 54.5% | 0 | 396,970 |
| Explanation of difference between 1996 and 2017 in Pennsylvania: Abolished prevailing wage rights on projects under $100,000 and created an “emergency fiscal manager” with the authority to void union contracts in the city of Harrisburg | |||||||
| Rhode Island | Favorable | Favorable | Favorable and Actionable | 9.3% | 67.1% | 0 | 39,214 |
| Explanation of difference between 1996 and 2017 in Rhode Island: Democrats have controlled all three branches of government for at least the past four years. | |||||||
| South Carolina | Unfavorable | Unfavorable | Unfavorable | 2.1% | 8.6% | 1 | 35,372 |
| South Dakota | Favorable | Favorable | Unfavorable | 3.6% | 24.3% | 1 | 11,507 |
| Explanation of difference between 1996 and 2017 in South Dakota: A “right to work” state which prohibited project labor agreements, created a new youth subminimum wage and entirely exempted its summer tourism industry from the state minimum wage, and abolished teacher tenure, though this last measure was subsequently overturned by voter referendum. | |||||||
| Tennessee | Unfavorable | Unfavorable | Unfavorable | 4.0% | 18.8% | 1 | 92,148 |
| Texas | Unfavorable | Unfavorable | Unfavorable | 3.2% | 19.0% | 1 | 317,703 |
| Utah | Unfavorable | Unfavorable | Unfavorable | 3.0% | 20.2% | 1 | 34,186 |
| Vermont | Favorable | Favorable | Favorable | 6.0% | 52.3% | 0 | 14,908 |
| Virginia | Unfavorable | Unfavorable | Unfavorable | 4.0% | 16.7% | 1 | 119,994 |
| Washington | Favorable | Favorable | Favorable and Actionable | 11.7% | 58.9% | 0 | 303,980 |
| West Virginia | Intermediate | Intermediate | Unfavorable | 9.1% | 27.9% | 1 | 50,549 |
| Explanation of difference between 1996 and 2017 in West Virginia: Prohibited Project Labor Agreements and adopted a “right to work” law. | |||||||
| Wisconsin | Favorable | Unfavorable | Unfavorable | 6.5% | 27.7% | 1 | 153,273 |
| Explanation of difference between 1996 and 2017 in Wisconsin: With the passage of Act 10 in 2011, has become one of the single bleakest legal environments for public employee unions. | |||||||
| Wyoming | Unfavorable | Unfavorable | Unfavorable | 4.5% | 12.3% | 1 | 8,343 |
Source: Freeman (2006) "Will Labor Fare Better Under State Labor Relations Law?" Based on 1996 update by Kim Rueben of the NBER Valletta-Freeman state public sector labor law data set (http://www.nber.org/publaw/)