STOP SB94 in Montana- Union Busting Bill!

Dear Members of the Legislature,

I write in strong opposition to Senate Bill 94 (SB 94), a bill that represents an unnecessary and harmful overreach by the government into employer-employee agreements, undermines workers’ rights, and creates additional bureaucratic waste at taxpayer expense. Rather than improving labor relations, SB 94 disrupts workplace harmony, increases government intrusion, and erodes fundamental constitutional rights. The recent amendments made by the committee have only worsened the bill, creating inequities among public employees and exacerbating its flaws.

Illegal Government Overreach

SB 94 undermines employer flexibility and workplace stability by restricting public employers’ ability to effectively manage their workforce, particularly when it comes to resolving disputes efficiently. By limiting labor organizations’ role in representing employees, the bill weakens a critical mechanism for addressing grievances, leading to unnecessary workplace tension and inefficiency. Furthermore, SB 94 disrupts freely negotiated agreements between public employers and employees, agreements that are essential for fostering productive and cooperative relationships in the workplace. By interfering in these contracts, the government is overstepping its bounds, infringing on the right of workers and employers to negotiate fair terms without political interference. Rather than improving governance, SB 94 creates instability and unnecessary obstacles for employers and employees alike.

SB 94 directly attacks the free speech and association rights of Montana’s public employees, undermining the fundamental protections enshrined in the Montana Constitution, Article II, Section 7, which guarantees the right to free speech, and Article II, Section 6, which affirms the right of individuals to assemble and petition the government. Labor unions play a critical role in ensuring fair wages, safe working conditions, and policies that benefit not just public employees but all Montanans. By restricting public employees' ability to engage in union activities, SB 94 weakens their ability to advocate for necessary workplace improvements. Preventing employees from using public resources for labor organization activities serves as an indirect but significant barrier to their ability to organize and push for better working conditions. This bill represents an unjustified government intrusion that silences the voices of public workers and strips them of the very rights that allow them to negotiate fair employment terms.

Beyond its attack on workers’ rights, SB 94 creates two classes of public employees, treating them unequally under the law. The amendments introduced by the committee exempt public safety employees—such as police officers and firefighters—from the bill’s restrictions, while applying them only to teachers, healthcare workers, and other public employees. This selective application violates the Montana Constitution’s equal protection guarantees under Article II, Section 4, which mandates that all individuals be treated equally under the law. By allowing some public employees to maintain their collective bargaining rights while stripping them from others, SB 94 unfairly divides Montana’s workforce. The state should not be in the business of picking winners and losers among its public employees—all workers deserve equal protection and the right to advocate for fair treatment in the workplace.

SB 94 also creates an unfair division among public employees, granting public safety workers—such as police officers and firefighters—continued access to collective bargaining while stripping this right from other public employees, including teachers and healthcare workers. This selective application raises serious equal protection concerns under Article II, Section 4, of the Montana Constitution, which guarantees all citizens equal protection under the law. Furthermore, the bill’s reporting requirements could serve as a tool for retaliation, discouraging employees from participating in union activities out of fear of tracking and punitive action. By making it harder for employees to access union representation in disputes, SB 94 removes a critical safeguard against unjust policies and employer misconduct. The ability to challenge unfair treatment is a fundamental worker protection, and this bill would leave thousands of Montana’s public employees vulnerable, eroding their ability to stand up for their rights in the workplace.

SB 94 strikes at the core of public employees' right to freedom of association and their ability to petition the government, both of which are protected under the Montana Constitution, Article II, Sections 4 and 6. By limiting workers’ ability to participate in labor organizations and engage in collective bargaining, the bill directly undermines their ability to advocate for fair wages, safe working conditions, and workplace protections. Montana’s public employees rely on unions to amplify their voices in negotiations, ensuring that their concerns are heard and addressed. Stripping them of this right weakens their ability to push for necessary reforms and protections, effectively silencing their advocacy in the workplace and beyond. One of the fundamental principles of a democratic society is the right of individuals to oppose government overreach and challenge policies that unfairly strip them of their rights. When governments or agencies amass too much power and limit workers' ability to organize, they erode the very foundation of democracy—leaving citizens unable to hold their leaders accountable. This interference by the government is not only an overreach but a fundamental violation of the constitutional principles that safeguard Montanans’ ability to organize and seek redress for grievances.

SB 94 is not about improving governance or protecting taxpayers—it is a blatant attempt to silence and weaken public sector unions, eroding the ability of Montana’s workers to advocate for fair wages, safe workplaces, and quality public services. By increasing bureaucracy, undermining workplace stability, and violating constitutional rights, this bill does more harm than good.

I urge you to oppose SB 94 and instead support policies that respect workplace agreements, protect constitutional freedoms, and ensure all public employees are treated fairly.

Sincerely, 

Your Constituant.