In Borgelt v. City of Austin, the Goldwater Institute and the Texas Public Policy Foundation joined to represent Austin taxpayers challenging a provision of the Austin firefighter’s union collective bargaining agreement (CBA) which grants members thousands of hours of paid time off, or release time, to conduct union business. The court held that the CBA did not authorize union activities like lobbying, supporting candidates, or engaging in other partisan political activities while on release time. To allow this type of activity would violate the Texas Constitution’s Gift Clauses, which prohibit state and local governments from allocating public resources to private purposes.

Release time is time spent conducting union business—lobbying, attending conferences, or negotiating collective bargaining agreements—for which the member is granted paid time away from the job he or she was hired to do. In other words, it’s a form of taxpayer funded lobbying.

Louisiana’s Constitution also contains a Gift Clause. Article 7, Section 14 provides, in pertinent part, “…the funds, credit, property, or things of value of the state or of any political subdivision shall not be loaned, pledged, or donated to or for any person, association, or corporation, public or private.” However, Louisiana courts have not yet addressed whether release time might be permissible under the state constitution.

Five Louisiana parishes with parish-wide collective bargaining agreements in place for teachers guarantee union members release time for purposes of lobbying elected officials without loss of pay or benefits. Teachers, who are public employees hired to educate children, are guaranteed paid time away from the classroom to conduct business for the benefit of a private union. Notably, LEAP 2024 scores were recently released and revealed that forty-two districts declined in English, Math, or both.

Attorneys at the Goldwater Institute note that the Borgelt decision marks the first time in decades that a state supreme court ruled that government-funded political or lobbying activities done by a government union violate constitutional anti-subsidy provisions like the Texas Constitution’s Gift Clauses.

Last spring, the Louisiana legislature had the opportunity to put an end to the practice of release time for government employees. HB 571 by Rep. Raymond Crews would have prohibited government union activities like lobbying, soliciting members, or campaigning for candidates from being conducted while on taxpayer time. Employees would remain free to engage in all their rights of citizenship while off the clock. Lawmakers should take note that courts are unlikely to look favorably upon public employees engaging in political activities while receiving a taxpayer funded paycheck.