Deauthorization laws are not necessary in Right to Work states, because Right to Work laws prohibit compulsory union membership and fee requirements.
You may contact Foundation staff attorneys if you have questions about how to proceed under any of these laws, need assistance in dealing with the appropriate state agency, or encounter legal difficulties interfering with your efforts.
Alaska
Alaska law has no provision for deauthorization of a public sector agency fee agreement.
California
California law has provisions which provide for recission (deauthorization) of a public sector agency shop agreement. For MMBA-covered employees, the local public agency may provide for procedures different from PERB’s. California Government Code Section 3502.5(d). The employee should consult the relevant city or county ordinance to determine if the local public agency has provided any deauthorization procedures. If the local public agency provides no procedures, the employee may petition PERB for relief. See PERB Regulation 60000(a). Employees governed by the Dills Act (state employees) must file a petition for recission of the fair share fee provision with the PERB in Sacramento. To obtain a Recission Petition, see the PERB website.
Public school (K-12) and community college employees (EERA) can file a petition for recission of the fair share fee provision with the appropriate PERB regional office (see PERB Regulation 32075). To obtain a Recission Petition, see the PERB website, and scroll down, then click on "EERA Fair Share Fee Recission Petition".
Higher education employees (HEERA) can file a petition for recission of the fair share fee provision with the appropriate PERB regional office. To obtain a Recission Petition see the the PERB website, and scroll down, then click on "HEERA Fair Share Fee Recission Petition".
Connecticut
Connecticut law has no provision for deauthorization of a public sector agency shop agreement.
Delaware
Delaware law has no provision for deauthorization of a public sector agency shop agreement.
District of Columbia
District of Columbia law has no provision for deauthorization of a public sector agency shop agreement.
Florida (Right to Work State)
Hawaii
Hawaii law has no provision for deauthorization of a public sector agency shop agreement.
Illinois
Illinois law has no provision for deauthorization of a public sector agency shop agreement.
Indiana
Indiana law has no provision for deauthorization of a public sector agency shop agreement.
Iowa (Right to Work State)
Kansas (Right to Work State)
Kentucky
Kentucky law has no provision for deauthorization of a public sector agency shop agreement.
Maine
Maine law has no provision for deauthorization of a public sector agency shop agreement.
Maryland
Maryland law has no provision for deauthorization of a public sector agency shop agreement.
Massachusetts
Massachusetts law has no provision for deauthorization of a public sector agency shop agreement.
Michigan
Michigan law has no provision for deauthorization of a public sector agency shop agreement.
Minnesota
Minnesota law has no provision for deauthorization of a public sector agency shop agreement.
Missouri
Missouri law has no provision for deauthorization of a public sector agency shop agreement.
Montana
Montana law has no provision for deauthorization of a public sector agency shop agreement.
Nebraska (Right to Work State)
Nevada (Right to Work State)
New Hampshire
New Hampshire law has no provision for deauthorization of a public sector agency shop agreement.
New Jersey
New Jersey law has no provision for deauthorization of a public sector agency shop agreement.
New Mexico
New Mexico law has no provision for deauthorization of a public sector agency shop agreement.
New York
New York law has no provision for deauthorization of a public sector agency shop agreement.
Ohio
Ohio law has no provision for deauthorization of a public sector agency shop agreement.
Oklahoma (Right to Work State)
Oregon
Oregon law permits public employees to obtain an election to rescind a “fair share” agreement: “petition to rescind a fair share agreement in the collective bargaining agreement between a public employee and a labor organization may be filed by an employee or group of employees. The petition must be accompanied by a statement signed by 30 percent or more of the employees in the bargaining unit stating that they desire to rescind the fair share agreement. To be valid, signatures must be obtained after the subject collective bargaining agreement is enforceable under Oregon Revised Statutes Annotated sections 243.672(1)(h) and (2)(e) . . . .” (Oregon Administrative Rule 115-030-0000). The same rule covers deauthorization, including when to file such a petition.
Pennsylvania
Pennsylvania law has no provision for deauthorization of a public sector agency shop agreement.
Rhode Island
Rhode Island law has no provision for deauthorization of a public sector agency shop agreement.
South Dakota (Right to Work State)
Tennessee (Right to Work State)
Vermont
Vermont law has no provision for deauthorization of a public sector agency shop agreement.
Washington
Washington law has no provision for deauthorization of a public sector agency shop agreement.
Wisconsin
Wisconsin law has a provision for deauthorizing a public sector maintenance of membership or “fair-share” agreement, “[a] petition must be supported by proof that at least 30% of the employees or supervisors in the collective bargaining unit desire that the fair-share or maintenance of membership agreement be discontinued. Upon so finding, the commission shall conduct a new referendum. . . If the continuation of the agreement is not supported in any referendum, it is deemed terminated at the termination of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.” Wisconsin Statutes Annotated section 111.85(2)(a).
Wyoming (Right to Work State)
