Urgent: The Bill Passed, But Still Not Signed by Governor. The Fight for Union Democracy & Free Speech Continues.
The NYS Legislature passed the Union Communications bill. The debate and fight for it to be amended is far from over. We must take action, now!
The New York State Legislature has now passed A.10835-A / S.9577-A, the so-called Union Communications Bill, and it is expected to be transmitted to Governor Kathy Hochul for review.
Supporters say the legislation is intended to combat fraudulent communications that falsely claim to represent labor unions and their representatives. Fraud should be stopped.
The concern raised by many union members, retirees, labor activists, reform caucuses, and independent labor publications has never been about protecting fraud. It has been about protecting legitimate speech.
Despite those concerns, the bill passed without explicit safeguards protecting internal union dissent, reform caucuses, election communications, independent labor journalism, parody, satire, and member advocacy.
That concern is not hypothetical.
In recent years, union leadership has pursued legal action involving the independent website UFTMembers.org and challenged parody and satire created by retired educator and union activist Arthur Goldstein. Reform caucuses routinely use union names to identify the members they represent, while independent publications, blogs, podcasts, and election campaigns regularly criticize leadership and advocate for change.
Whether one agrees with those communications is beside the point. They demonstrate that disputes over criticism, opposition organizing, independent publications, election activity, and parody already exist within the labor movement.
That is why many members are not satisfied with assurances about legislative intent alone. They are asking lawmakers to explicitly protect criticism, reform advocacy, election communications, journalism, parody, satire, and internal union dissent.
If this legislation is truly intended to stop fraudulent impersonation campaigns, those protections should not be controversial.
The bill has passed, but it has not yet become law.
Governor Hochul must still decide whether to sign it, and lawmakers still have the ability to pursue chapter amendments that clarify legislative intent and add explicit protections for union democracy while preserving legitimate anti-fraud safeguards.
As a result, our Protect Union Democracy campaign has now shifted its focus toward securing those chapter amendments.
Among the proposed safeguards are protections for:
• Internal union dissent and criticism of union leadership
• Reform caucuses and member advocacy organizations
• Union election campaigns and election communications
• Independent labor journalism and commentary
• Parody and satire
• The use of union names for identification, advocacy, organizing, and democratic participation
The campaign is also urging lawmakers to require proof of a knowing and material misrepresentation before liability can be imposed.
Importantly, supporters of the amendment effort are not asking lawmakers to abandon anti-fraud protections. They are asking lawmakers to make clear that efforts to stop fraud cannot be used to chill protected speech and democratic participation.
Our Unions: Born in Dissent
Strong unions and free speech are not competing values.
The labor movement itself was built through organizing, debate, dissent, contested elections, reform movements, and member advocacy. Democratic participation is not a threat to unions. It is one of the things that makes them strong.
The Legislature has acted. Now the question is whether Governor Hochul, legislative sponsors, and other decision-makers will take the next step and ensure that a law intended to stop fraud cannot later be used to silence internal dissent.
Take Action, Now
Visit unionvoices.educators.nyc to contact Governor Hochul, Counsel to the Governor Brian Mahanna, legislative sponsors, and other decision-makers in support of chapter amendments to the bill that protect both unions, workers and free speech. Email and call them, now.