Measure to block Wyoming public employee payroll deductions for union fees heads to governor’s desk

UPDATE: Gov. Mark Gordon vetoed House Bill 178 Tuesday afternoon, citing concerns about the state deciding how employees spend their earnings, non-uniform treatment of public employees, and exposure to criminal liability. Lawmakers could attempt to override the veto when they convene Wednesday. The story below was originally published before the governor’s action.

A measure to block public employers from administering voluntary paycheck deductions for union dues and organization fees sparked intense debate in the Senate last week, including accusations of retribution against specific public employee unions.

House Bill 178, sponsored by Lusk Republican Rep. JD Williams, would end the longstanding practice of workers voluntarily opting in for organizational membership dues. The bill would prohibit public employers from implementing automatic deductions for political action committees and some nongovernmental organizations—including the Wyoming Public Employees Association and Wyoming Education Association—while carving out deductions for charitable donations, health insurance premiums, and dues for police, firefighters and other public safety labor organizations.

That targeted aim, according to opponents, is unconstitutional. “You’re still allowed to deduct your insurance premiums, and we all know—insurance companies—they sure do advocate and lobby,” said Wyoming AFL-CIO Executive Director Marcie Kindred. “It’s bad legislation with constitutional concerns. It’s opening us up to litigation—for what?”

WEA President Kimberly Amen said she believes her group is specifically targeted. “Frankly, this bill appears to be politically motivated and a retaliatory bill against the Wyoming Education Association,” she said. “I think it’s on. It’s an unfair bill. It’s a retaliatory bill. It’s a very targeted bill.”

Proponents argued it’s improper for public employers to administer such deductions. “It’s simply taking the government out of the picture,” said Sen. Brian Boner, R-Douglas. “I think this is a principled stand to ensure that the taxpayer is not supporting this sort of activity.”

But opponents, including Sen. Mike Gierau, D-Jackson, said it takes away freedom from state employees. Sen. Tara Nethercott, R-Cheyenne, called it punitive and shortsighted, adding, “you’re motivating them to get active.” Amen agreed, predicting the bill would make the WEA stronger.

If the bill becomes law, Amen said there will likely be a legal challenge.