In the seven years following the Supreme Court’s decision in Janus v. AFSCME, which freed all public sector workers from being forced to pay dues as a part of employment, our Network has continued to push for further reform. This win for workers’ rights has snowballed into a national effort, with about a million former union employees choosing to opt-out and keep more of their hard-earned paychecks in the process.
The Mackinac Center for Public Policy has been a leader on labor reform, driving legislative change across the nation, informing workers of their rights, and assisting them with the opt out process. Thanks to the efforts of organizations allied under the SPN umbrella—from the initial lawsuit to the ensuing informational campaigns—28 percent of union members have chosen to leave their union, resulting in over $920 million in annual revenue loss for unions.
This legislative session, Utah enacted the most transformative labor policy reform since the Janus decision—ending collective bargaining. The law, signed by Governor Spencer Cox in February, doesn’t just ban collective bargaining for all public employees (including police and firefighters). It also eliminates the union practice of “release time” where union employees are temporarily “released” from their normal job duties to do union work on the taxpayer’s dime, mandates union transparency, protects workers by providing professional liability insurance for public employees, and guarantees free association for employees to bargain with and support whomever they choose without government interference.
The bill’s passage was part of a years-long push from the Mackinac Center’s national labor initiative, Workers for Opportunity, which had championed this policy from start to finish.
“This is a generational win for worker freedom,” said Tony Daunt, Director of Workers for Opportunity. “Utah has taken bold steps to put workers, not unions, in control of their rights and representation. This law serves as a model for other states that are serious about protecting taxpayers and empowering public employees.”
Unfortunately, it’s not enough to pass a bill and rest on our laurels. SPN and our 50-state Network have seen increased pushback to reforms for freedom after the bill has crossed the finish line. And this is not unique to labor – this is happening now in K-12 education with the explosion of school choice reforms. Shortly after the law was passed, 14 labor unions rapidly formed the “Protect Utah Workers’ coalition to overturn it via referendum. To qualify for the ballot, the union coalition would need to gather 141,000 valid signatures by April 16th – they were able to collect nearly 325,000.
The financial firepower behind this effort is substantial. Unions have spent about $4 million to counter this effort from various sources like the NEA and AFSCME as well as contributions from local unions across nine states.
But these challenges are nothing new for our Network leaders. They have built out strategic capacities into a durable freedom infrastructure that allows them to secure lasting wins and defend them. Workers for Opportunity, an arm of the Mackinac Center, is one such capacity. Without them, this bill never would have made it across the finish line and would not have had a defender.
While the referendum effort has temporarily paused implementation of the law, the outcome is far from final. The lieutenant governor’s office issued a stay after determining the coalition had submitted more than enough valid signatures—over 251,000—to qualify the issue for the 2026 ballot. However, the referendum has not yet been formally certified, as the statutory removal window remains open.
Behind the scenes, legislative leaders are discussing the next steps.
“Utah’s leaders are determined not to let union pressure undo this historic achievement,” said Daunt. “We’re staying engaged with partners on the ground and are prepared to support whatever path keeps the core reforms alive. The stakes are too high to walk away.”
More and more often in recent years, our Network has found itself on the defense as opponents push back against freedom reforms in areas like education and labor. It takes constant vigilance and innovation to ensure that our Network stays on the balls of their feet, not their heels.
To combat this, it’s important that our Network continues to build out strategic capacities – or the durable freedom infrastructure. These key capacities, like investigative journalism outlets and legal centers, give our partners the tools they need to adapt to changing circumstances. With the added support of these capacities, our Network stands as a vigilant watchdog against any threat to freedom.