A proposal sent to the November ballot by Republican lawmakers to undercut Arizona’s teachers unions has drawn the ire of police and firefighters across the state, who believe the measure would also harm their labor organizations.
HCR 2040 would prohibit school districts from financially supporting labor unions and prohibit union activities during working hours. It would also stop teachers from distributing communications on a union's behalf.
And it would ban public school teachers from going on strike, or risk losing their jobs.
While much of the legislation specifically targets employees at public school districts, one provision towards the end of the proposed law includes broad language that other public sector employees fear could effectively kill their unions.
That section starts out by discussing school district employees but then appears to bar the state, cities and towns from negotiating with any public sector union.
“This state or any political subdivision of this state may not negotiate with a labor organization an exclusive representation agreement, collective bargaining agreement, or similar contracts,” HCR 2040 reads.
“I can't use the words I would use in a firehouse, but we are against it,” Dan Freiberg, president of the Professional Fire Fighters of Arizona, said.
He added, “To say that we're a no on HCR 2040 and to say that we're a no on whatever proposition that ends up being, that would be an understatement.”
The Arizona Police Association staked out a similar position on social media, arguing the measure “threatens the wellbeing of police officers across the state.”
HCR 2040’s supporters argue the measure is narrowly tailored to only affect teachers unions.
“2040 does not apply to firefighters,” Sen. President Warren Petersen (R-Gilbert), who is running for Arizona attorney general, said.
But those claims have done little to satisfy firefighters.
“We've been to Tucson, Yuma, Sierra Vista, Lake Havasu, Bullhead City, Kingman, Mesa, Show Low in the past four or five days,” Freiberg said. “And everywhere we have went, it is the same result. The firefighters feel abandoned, they feel betrayed, and they feel pissed.”
Gov. Katie Hobbs said she supports bringing lawmakers back into a special session to remove HCR 2040 from the November ballot.
“The Legislature still has a chance to do the right thing and repeal 2040 if they want to, and I would absolutely support calling a special session for them to do that,” she said. “I hope they will still think about doing the right thing and doing that.”
Rep. Matt Gress (R-Phoenix) told KJZZ he supported coming back in a special session “to repeal HCR 2040 and provide clarity for law enforcement and firefighters.”
But it doesn’t appear Republican leaders support bringing lawmakers back to repeal the measure, at least for now.
House Speaker Steve Montenegro (R-Goodyear) echoed Petersen, saying he believes the measure only affects teachers unions. He said an ongoing lawsuit challenging the measure will provide further clarity on that.
“That question is now squarely before the court, and its ruling will determine whether any further legislative action is necessary,” Montenegro said in a statement. “Until then, discussion of a special session is premature. We remain in close communication with our public safety partners, take their concerns seriously, and will always have their backs.”
A previous effort to repeal HCR 2040 fell apart a few weeks ago.
At the time, Republican lawmakers were discussing a deal with Democrats and the Arizona Education Association to pull back HCR 2040 and several other ballot measures in exchange for the AEA dropping its ballot initiative that would put new restrictions on the state’s school voucher program.
The compromise crumbled after Congressman Andy Biggs, who is running for governor, backed a pared-down version of the deal that would see Republicans only nix HCR 2040. Republican lawmakers fell in line with that proposal and negotiations stalled.
The Arizona Education Association turned in over 420,000 signatures to the Arizona Secretary of State's Office a few days later in support of its voucher initiative.
When asked if he would support a clean repeal of HCR 2040, the Biggs campaign doubled down on his previous proposal.
“Katie Hobbs sided with out-of-state teachers’ unions and failed to lead or take any action, which sadly sums up her entire tenure as Governor,” campaign spokesman Drew Sexton said in a statement.
Sexton called Biggs’ proposal a “reasonable and equitable plan” to resolve “perceived issues.” But he also echoed other Republican claims that the measure is limited to teachers unions, citing analysis by the Arizona Legislative Council staff, a team of nonpartisan legal staff that advises lawmakers.
During a debate over the resolution, House Minority Leader Oscar De Los Santos pointed out that the Legislative Council’s interpretation of the law is not binding, meaning courts could interpret the law differently if voters pass HCR 2040 and it faces legal challenges.
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