Tucson council directs city attorney to seek legal alternatives after Arizona high court limits employer-paid union release time

At its June 3 meeting the Tucson Mayor and Council directed the city attorney to continue working with peer cities and union representatives to identify legally viable ways for city employees to perform union work during paid hours after the Arizona Supreme Court’s decision in Gilmore v. Gallego.

The move follows a presentation from the city attorney explaining the court’s findings and the legal limits they impose on employer‑paid release time — paid hours during which employees perform union duties instead of their regular job. The council motion, offered by Councilmember Cunningham, passed on a voice vote.

The city attorney told the council that Gilmore found the employer funding of release time violated Arizona’s gift clause and that earlier decisions that had upheld some release‑time arrangements were distinguishable because the funds at issue were foregone wages paid by employees rather than direct employer expenditures. The attorney summarized the options staff and municipal peers have identified and said paid release time, as…