Intent Behind Prop 3

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Prop 3 is not about protecting workers’ existing rights. Private-sector unions are pushing the amendment to expand their power and protect the revenue stream that funds their activities, including political contributions to candidates they support.

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The reason goes back to Janus v. AFSCME, a 2018 Supreme Court decision. Before Janus, public-sector unions in states without right-to-work laws could require nonmembers to pay “agency fees” for union representation. The Supreme Court ruled that forcing public employees to financially support union negotiations with the government violated their First Amendment rights.

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The decision made union payments voluntary for public employees nationwide. By 2023, about 22.2% of public employees had opted out, meaning roughly 1.2 million fewer workers were paying union dues than would have been expected without Janus.

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The lesson for unions was simple: when workers are free to choose whether to financially support a union, some choose not to.

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Prop 3 would prevent Vermont from ever adopting similar protections for private-sector workers. By putting collective bargaining rights in the Constitution, it would expand constitutional protections for unions while making it harder for future lawmakers to change the rules governing union membership and financial support.

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If unions provide enough value to workers, they should be able to earn their support. Prop 3 instead seeks to lock the current system into the Constitution before Vermont workers have the opportunity to make that choice.

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To limit excessive union power and protect Vermont employees and taxpayers, vote "NO" on Prop 3!

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