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Vermont House approves constitutional amendment to enshrine collective bargaining right; 125-15

3170944 · May 1, 2025
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Summary

The Vermont House on May 1 adopted in concurrence a proposed amendment to the state constitution that would guarantee the right to collectively bargain, sending the question to voters in November 2026. The vote followed extended debate over whether the measure allows compulsory union membership.

The Vermont House of Representatives adopted in concurrence a constitutional proposal to add a constitutional right to collectively bargain, moving the question to the voters on the first Tuesday after the first Monday in November 2026.

Representative Krasner of South Burlington, speaking for the House General and Housing Committee, told the chamber the proposal would "provide that the citizens of the state have a right to collectively bargain" and described the measure as a means to protect existing labor rights from future erosion. The committee reported the proposal favorably by a vote of 10-1-0.

The proposal would add Article 23 to chapter 1 of the Vermont Constitution to state that employees "have a right to organize or join a labor organization for the purpose of collectively bargaining with their employer through an exclusive representative of their choosing for the purpose of negotiating wages, hours, and working conditions, and to protect their economic welfare and safety in the workplace." It also says "no law shall be adopted that interferes with, negates, or diminishes the right of employees to collectively bargain" and addresses agreements that require membership in a labor organization as a condition of employment. The measure specifies that, if ratified by voters, the amendment would become part of the constitution on the first Tuesday after the first Monday in November 2026.

Supporters argued the amendment preserves workers' rights and highlighted testimony from nurses, firefighters, state employees and others who said organizing improved wages, safety and economic security. Representative Krasner noted Illinois passed a similar amendment in 2022 and cited a 2021 report from the Economic Policy Institute about correlations between unionization and measures of community and economic well-being.

Opponents and some colleagues raised concerns about the clause in the proposal that references agreements requiring membership as a condition of employment. The member from Northfield said the language "about the right to require membership as a condition of employment" presented a difficult tension between union effectiveness and individual choice. The member from St. Albans City likewise said the proposal "would imply that one may be compelled to join a union when they didn't want to," and said they could not support the measure as written.

Several members who voted in favor emphasized the measure simply puts the question before voters rather than automatically changing membership rules; the member from Fairfield said she supported the amendment "to give the people of Vermont the opportunity to decide for themselves." Representative Krasner asked that the final vote be taken by role, and the roll call recorded 125 yeas and 15 nays. The clerk announced: "Those voting yes, 125. Those voting no, 15. The eyes have it. And the constitutional proposal is adopted in concurrence."

Because the action was adoption in concurrence, the proposal will appear on the statewide ballot; it becomes part of the state constitution only if voters ratify it in November 2026. The committee list of witnesses for the public hearing included the Professional Firefighters of Vermont, the Vermont National Education Association, Working Vermont, Laborers' International Union of North America (Midwest Region) and staff from the Office of Legislative Council, according to the committee report read on the floor.

Votes and motions on constitutional proposals are recorded on the House floor and by role; Representative Krasner asked that the vote be taken by role and that procedure was followed.

Implementation: If ratified by voters, the constitutional amendment would take effect as provided in this proposal; any interactions with federal labor law, statutory state law or court interpretation would be determined after ratification and remain subject to judicial review.