# 2012 Minnesota right-to-work amendment *A proposed amendment to the Minnesota Constitution, introduced in the Minnesota Senate in February 2012, to make union membership and union dues voluntary for all workers.* The 2012 Minnesota right-to-work amendment was a proposed constitutional amendment carried in the 87th [[Minnesota Legislature]] as Senate File 1705. It would have put to voters whether membership in a union and payment of union dues should be voluntary for every worker.[^1] The Revisor of Statutes' bill record describes the measure as a "Constitutional amendment for freedom of employment." It lists five Senate authors, Thompson, Chamberlain, Gazelka, Parry and Lillie, and gives HF 2140 as the House companion.[^2] The bill had its introduction and first reading in the [[Minnesota Senate]] on February 8, 2012.[^3] On March 8, 2012, the Senate voted 34–30 to withdraw the bill from the Jobs and Economic Growth Committee and re-refer it to the Judiciary and Public Safety Committee.[^4] MPR News reported that its chief author forced that floor vote.[^5] The Judiciary committee approved the bill 7–6 on March 12.[^6] The Revisor's record shows a committee report "To pass" on March 13 and re-referral to Rules and Administration the same day.[^7] As of March 20, 2012, the measure had not been heard in the [[Minnesota House of Representatives]]. Senate Majority Leader Dave Senjem had said that the votes to pass it were not there in either chamber.[^8] The Revisor's status page records no action after the March 13 referral.[^7] The proposal would have altered the arrangement described in 2012 reporting. Under that arrangement, Minnesota workers could already decline union membership but had to pay "fair share" fees toward bargaining costs, capped at 85 percent of full dues.[^9] For public employees, the framework in the record is the Public Employment Labor Relations Act of 1971. That act gave public employees the right to form and join employee organizations and also "the right not to form and join such organizations".[^10] It also provided for an exclusive representative for each bargaining unit.[^11] ## Who - Sen. Dave Thompson, R-[[Lakeville]], is the first-listed author. MPR News described the measure as his bill.[^2][^12] - The co-authors were Senators Chamberlain, Gazelka, Parry and Lillie.[^2] - On the Judiciary committee, seven of the eight Republicans in the majority voted for the bill. Republican Sen. Bill Ingebrigtsen of Alexandria joined the five DFL members in voting no.[^13] - Senate Majority Leader Dave Senjem, a Republican, said in early March that he did not regard the amendment as a priority.[^14] He later said the votes were not there to pass it.[^8] - Opponents who spoke at the hearing included DFL Sen. [[John Marty]] of Roseville and Mike Buesing of [[AFSCME Council 5]].[^15] - Supporters who testified included a representative of the Center of the American Experiment, which MPR News described as a conservative think tank. A nurse, a teacher and a state employee also testified in support.[^16] - Republican senators who spoke for the measure included Dan Hall of [[Burnsville]] and David Hann of Eden Prairie.[^15][^8] ## What The measure was a proposed amendment to the state constitution, not a statute. Its official description reads "Constitutional amendment for freedom of employment."[^2] Thompson told the committee the bill would let voters decide in November whether the law should compel workers to join a union or pay dues. He said the bill was "really all about choice and freedom".[^12] Supporters made the case in economic terms. The Center of the American Experiment witness said "right-to-work will raise wages" and would draw more capital investment.[^16] Hall said that "Minnesota needs to be set free from the control and the intimidation."[^15] Opponents argued that the fair-share requirement funds a bargaining process that benefits members and non-members alike, and that it prevents "free rides."[^16] Marty said he expected the amendment to destroy unions and collective bargaining. Buesing asked why elected officials would "stir this hornets nest going into this re-election year."[^15] ## When - February 6, 2012: introduction text posted. Revisor number 12-4729.[^2] - February 8, 2012: introduction and first reading in the Senate (Journal p. 3759); referred to Jobs and Economic Growth.[^3] - March 8, 2012: withdrawn and re-referred to Judiciary and Public Safety on a 34–30 vote (Journal p. 4248).[^4] - March 12, 2012: Judiciary committee approval, 7–6, after a hearing of about three and a half hours.[^6] - March 13, 2012: committee report to pass and re-referral to Rules and Administration (Journal p. 4328). Under Rule 21, the bill was referred to Rules and Administration.[^7] - March 20, 2012: Thompson and other Republican legislators held a news conference asking for a Rules Committee hearing.[^17] ## Where The Judiciary committee hearing took place in the State Capitol in St. Paul. MPR News reported that union members filled nearly every hallway in the building.[^6] ## Why The record contains the reasons each side gave. Supporters spoke of choice, freedom, wages and investment. Opponents spoke of free riders and the survival of collective bargaining.[^12][^16] Senjem's two statements are documented: that the measure was not a priority, and that the votes were not there.[^14][^8] The record does not establish why the Rules Committee did not schedule a hearing. Thompson said he had asked Senjem for one but did not receive a commitment.[^17] ## How Thompson took the bill out of the Jobs Committee by forcing a Senate floor vote. MPR News described this as a rare step.[^5] After the Rules referral, he said he would not force a second vote to bring the bill to the floor. He sought a hearing in the Rules Committee instead.[^17] At the March 20 news conference, no one disputed Senjem's assessment of the votes. Hann said: "There's only one way to find out and that's to bring it to the floor".[^8] ## How many - Authors: five.[^2] - Senate vote to re-refer to Judiciary, March 8, 2012: 34–30.[^4] - Judiciary committee vote, March 12, 2012: 7–6. Seven of eight Republicans voted yes; one Republican and five DFL members voted no.[^13] - Fair-share fee cap under the law in force in 2012, as reported: 85 percent of full membership dues.[^9] ## In the Minnesota record ### What The Public Employment Labor Relations Act of 1971 was enacted as Extra Session Laws 1971, chapter 33 (S.F. No. 4).[^18] Its first section states its purpose: "to promote orderly and constructive relationships between all public employers and their employees".[^19] The operative sections do the following: - **Exclusive representation.** An exclusive representative is an organization designated by more than 50 percent of the appropriate unit.[^11] For a school district, the unit is "all the teachers in the district".[^11] Once a representative is certified, the employer may not negotiate with unit employees except through that representative.[^20] - **Strikes.** The act bars every public employee from striking. An employer may terminate a violator effective the date the violation first occurs.[^21] - **Penalties on organizations.** An organization found to have violated the strike section loses its exclusive status. It cannot be recertified for two years, and no employer may deduct payments to it for two years.[^21] - **Rights of employees.** Public employees have the right to join or not to join employee organizations, and the right to request dues check-off for an organization of their choice.[^10] - **Administration.** The act assigns its administration to the director of the [[Bureau of Mediation Services]]. Its definition of public employer includes the [[University of Minnesota]].[^11] ### Who The Legislative Reference Library lists Wendell Anderson (Democratic-Farmer-Labor) as having assumed the governorship on January 4, 1971. It lists [[Mark Dayton]] (Democratic-Farmer-Labor) as having assumed office on January 3, 2011, and as governor during the 2012 session.[^22] The record does not show which caucuses voted for the 1971 act. It also records no action by Governor Dayton on SF 1705.[^22][^7] ## Notes [^1]: Tom Scheck, MPR News, *Right-to-Work on the ropes* (March 20, 2012) — the proposal would let voters decide whether union membership and dues should be voluntary for all workers. https://www.mprnews.org/story/2012/03/20/right-to-work-on-the-ropes [^2]: Office of the Revisor of Statutes, *SF 1705 Status in the Senate – 87th Legislature (2011–2012)* (2012) — description "Constitutional amendment for freedom of employment"; authors Thompson, Chamberlain, Gazelka, Parry, Lillie; companion HF2140; revisor number 12-4729; introduction posted 02/06/2012. https://www.revisor.mn.gov/bills/87/2012/0/SF/1705 [^3]: Office of the Revisor of Statutes, *SF 1705 Status in the Senate* (2012) — 02/08/2012 introduction and first reading, p. 3759; referred to Jobs and Economic Growth. https://www.revisor.mn.gov/bills/87/2012/0/SF/1705 [^4]: Office of the Revisor of Statutes, *SF 1705 Status in the Senate* (2012) — 03/08/2012 withdrawn and re-referred to Judiciary and Public Safety, p. 4248, vote 34–30. https://www.revisor.mn.gov/bills/87/2012/0/SF/1705 [^5]: Tom Scheck, MPR News, *Right-to-Work on the ropes* (March 20, 2012) — Thompson forced the Senate vote moving the bill from the Jobs Committee to the Judiciary Committee. https://www.mprnews.org/story/2012/03/20/right-to-work-on-the-ropes [^6]: Tim Pugmire, MPR News, *Right-to-work bill passes Minn. Senate panel* (March 12, 2012) — Judiciary committee approval 7–6 on Monday, March 12; hearing at the State Capitol; length of the hearing. https://www.mprnews.org/story/2012/03/12/union-dues-ballot-question [^7]: Office of the Revisor of Statutes, *SF 1705 Status in the Senate* (2012) — 03/13/2012 committee report "To pass" and re-referral to Rules and Administration, p. 4328; Rule 21 referral; no later action listed. https://www.revisor.mn.gov/bills/87/2012/0/SF/1705 [^8]: Tom Scheck, MPR News, *Right-to-Work on the ropes* (March 20, 2012) — Senjem said the votes were not there in the House or Senate; Hann's statement; no House hearing. https://www.mprnews.org/story/2012/03/20/right-to-work-on-the-ropes [^9]: Tim Pugmire, MPR News, *Right-to-work bill passes Minn. Senate panel* (March 12, 2012) — under then-current law workers could opt out of membership but paid fair-share fees capped at 85 percent of dues. https://www.mprnews.org/story/2012/03/12/union-dues-ballot-question [^10]: Minnesota Legislature, *Laws 1971, Extra Session, chapter 33*, sec. 5 [179.65], subds. 2 and 5 (1971) — right to form and join, and not to form and join, employee organizations; dues check-off. https://revisor.mn.gov/laws/1971/1/33 [^11]: Minnesota Legislature, *Laws 1971, Extra Session, chapter 33*, sec. 3 [179.63], subds. 2, 4, 6, 17 (1971) — director of the Bureau of Mediation Services; public employer includes the University of Minnesota; exclusive representative designated by more than 50 percent; school-district unit means all teachers. https://revisor.mn.gov/laws/1971/1/33 [^12]: Tim Pugmire, MPR News, *Right-to-work bill passes Minn. Senate panel* (March 12, 2012) — Thompson's testimony that the bill would let voters decide in November and his stated purpose. https://www.mprnews.org/story/2012/03/12/union-dues-ballot-question [^13]: Tim Pugmire, MPR News, *Right-to-work bill passes Minn. Senate panel* (March 12, 2012) — seven of eight Republicans voted yes; Ingebrigtsen joined five DFL members voting no. https://www.mprnews.org/story/2012/03/12/union-dues-ballot-question [^14]: Tim Pugmire, MPR News, *Right-to-work bill passes Minn. Senate panel* (March 12, 2012) — Senjem said he did not view the amendment as a priority; House version not yet heard. https://www.mprnews.org/story/2012/03/12/union-dues-ballot-question [^15]: Tim Pugmire, MPR News, *Right-to-work bill passes Minn. Senate panel* (March 12, 2012) — statements of Sen. John Marty, Mike Buesing of AFSCME Council 5, and Sen. Dan Hall. https://www.mprnews.org/story/2012/03/12/union-dues-ballot-question [^16]: Tim Pugmire, MPR News, *Right-to-work bill passes Minn. Senate panel* (March 12, 2012) — testimony of the Center of the American Experiment witness and other supporters; opponents' free-rider argument. https://www.mprnews.org/story/2012/03/12/union-dues-ballot-question [^17]: Tom Scheck, MPR News, *Right-to-Work on the ropes* (March 20, 2012) — March 20 news conference; Thompson sought a Rules hearing, received no commitment, and would not force another floor vote. https://www.mprnews.org/story/2012/03/20/right-to-work-on-the-ropes [^18]: Minnesota Legislature, *Laws 1971, Extra Session, chapter 33 (S.F. No. 4)* (1971) — long title: public employee labor relations, exclusive representation, strike prohibition. https://revisor.mn.gov/laws/1971/1/33 [^19]: Minnesota Legislature, *Laws 1971, Extra Session, chapter 33*, sec. 1 [179.61] (1971) — stated public policy and purpose of the act. https://revisor.mn.gov/laws/1971/1/33 [^20]: Minnesota Legislature, *Laws 1971, Extra Session, chapter 33*, sec. 6 [179.66], subd. 7 (1971) — employer may not negotiate with unit employees except through the certified exclusive representative. https://revisor.mn.gov/laws/1971/1/33 [^21]: Minnesota Legislature, *Laws 1971, Extra Session, chapter 33*, sec. 4 [179.64], subds. 1, 2, 6 (1971) — strike prohibition; termination effective on the date of violation; loss of status and of dues deduction for two years. https://revisor.mn.gov/laws/1971/1/33 [^22]: Minnesota Legislative Reference Library, *Minnesota Governors* (retrieved Oct. 29, 2026) — Wendell Anderson, DFL, assumed office 1/4/1971; Mark Dayton, DFL, assumed office 1/3/2011; Tim Walz assumed office 1/7/2019. https://www.lrl.mn.gov/lrl/mngov/gov.aspx