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Senate committee delays decision on allowing assistant attorneys general to unionize; other labor amendments still unsettled
Summary
Committee discussed three possible amendments to the labor bill — organizing rights for assistant attorneys general, raising the threshold for decertification, and certified payroll requirements — but members said more research and outreach are needed before the committee adopts amendments.
The Senate Economic Development, Housing & General Affairs Committee on March 19 heard extended discussion of potential amendments to the chamber’s labor bill, including whether assistant attorneys general should be allowed to organize, whether the state should raise the bar for decertification elections, and whether to require certified payroll on public projects.
Committee leaders identified three decision points they could include in an amendment to S.125: (1) grant assistant attorneys general the right to organize; (2) increase the threshold for decertification petitions (members discussed moving from lower thresholds to a figure in the middle, references around 40% were discussed); and (3) require certified payroll reporting, a practice with a long federal history that several members said is not novel.
Members voiced a range of positions on assistant AG organizing. Some senators said the measure only grants a right to organize and would not itself compel bargaining; others warned that the change could create conflicts of interest for lawyers who represent state agencies and asked for more research on how other states treated similar proposals or chose not to adopt them. One member characterized the change as requiring “major reorganization” to guard against representation conflicts, while another said lawyers “can compartmentalize” and that organizational rights could strengthen job security and reporting clarity.
Committee members requested more comparative research on other states' experiences, including states that considered but declined to adopt similar measures, and asked the union side to identify witnesses from states both for and against the approach. The committee's chair proposed continuing the conversation and pursuing additional witnesses; several senators said they would support finishing the work this session if the committee can gather the required comparative testimony and drafting assistance.
On decertification, members sought a middle ground to avoid frequent decertification elections while preserving members’ rights; the committee asked staff to continue drafting compromise language. On certified payroll, senators noted federal precedent for payroll certification and that testimony received to date showed the concept is longstanding; further committee discussion was planned.
No formal amendments were adopted in committee on March 19. Committee leadership said material from the House and additional stakeholder testimony could be added to S.125, the labor bill vehicle for any changes the committee elects to carry forward.
