Alaska labor agency repeals religious-exemption union rules, effective Nov. 8

The Alaska Labor Relations Agency's board has repealed the rules public employees use to claim a religious exemption from union membership. The repeal takes effect Nov. 8.

The underlying statute, AS 23.40.225, is unchanged. It still requires the agency to exempt an employee who offers "proper proof of religious conviction," and the employee then pays the equivalent of union dues to a charity instead. Agency records do not say how employees will make that claim once the current rule ends.

Under the repealed rule, an objector filed a sworn, notarized claim, paid the dues equivalent into escrow, and could face a union objection and hearing. The agency also repealed the related escrow and service-fee objection rules. The religious-exemption rule had been in place since 1995 and was last amended in 2024.

In answers to public questions that the board accepted, the agency pointed to the U.S. Supreme Court's ruling in Janus v. AFSCME, which held that public employees cannot be compelled to join a union. Because objectors may now decline membership outright, the agency said, "these sections are now moot." Separately, AS 23.40.110(b) still allows employers and unions to require membership or a service fee as a condition of employment. Despite that reasoning, the agency's June 2 notice listed the reason for the change as "Development of program standards," not compliance with the court ruling.

The board also tightened confidentiality for interest cards, which unions and decertification campaigns collect to show 30 percent employee support. An August draft would have barred disclosure only to the employer. When a caller asked Aug. 10 whether that left the cards open to an intervenor "and anyone else," the agency answered, "Probably." The rule the board adopted instead says the cards "may only be disclosed to the agency." Decertification cards must still be signed and dated within 120 days before filing.

Other changes allow electronic interest cards, end paper-copy requirements for fax and email filings, and drop the notarization requirement on unfair labor practice complaints.

The agency said the board acted to carry out Gov. Mike Dunleavy's Administrative Order 360, which directs every executive branch agency to "Reduce the number of regulatory requirements by 15 percent by December 31, 2026," and by 25 percent cumulatively by the end of 2027.