‘Employees come second’: Why California’s legislative staffers hope to unionize

Updated July 25, 12:38 p.m.

For many legislative staffers in California’s State Capitol, the dream of making a difference through public service comes at a price: long hours, low pay and sometimes, even a hostile work environment.

“There are members [of the legislature] that are classified as yellers. We know they yell at their staff,” said Alan Moore, a former legislative aide.

Unlike other state workers, legislative staff are banned from unionizing to advocate for better working conditions.

That could soon change under a bill making its way through the State Capitol. Assembly Bill 1, authored by Assembly member Tina McKinnor (D—Inglewood), would provide a framework for legislative staff to form a union.

California’s over 200,000 other public employees are able to unionize. But legislative staff are notably excluded from the law, the Dills Act, that established those rights in the 1970s. AB 1 is the fifth attempt in recent years to change that. 

While the current bill has no formal opposition, legislators themselves have been the main roadblock in prior years.

“We are very passionate about public service and we're going to put in a lot of hours and time, but that doesn't give the state an excuse to exploit that,” Aubrey Rodriguez said. 

Rodriguez is a legislative director in the California State Senate. He, like many other young professionals, began working for the legislature directly out of college. These employees are responsible for shepherding bills through the Capitol. They also help Californians navigate state bureaucracy to get the services they need.

In addition to the day-to-day demands of working for an elected official, Moore said staff are also pressured to volunteer on campaigns each two-year election cycle; they’re even asked to use vacation days to do so.

“People are afraid that if they don't go out and put in this time and effort, that they're going to be blackballed or...they’re not going to be the first in line for the next promotion,” he said.

Many staffers think forming a union will help solve issues like long hours and low wages. AB 1 would give them the right to collectively bargain beginning in 2026. It has passed out of the Assembly and two policy committees in the Senate, further than any prior legislative attempt to allow staff to unionize.

Labor unions play a large role in California politics. They’re among top donors to Democratic legislators, who in turn have passed laws to expand rights for workers across the state. This is a point of frustration for some staffers.

“I think it's very hypocritical to ask for campaign support and funding from the police unions, the firefighter unions, the teachers unions, and then turn around and deny your own staff the right to unionize,” said Jessica Lawrence, who has worked as a scheduler in an Assembly member’s office for three years. Some of her responsibilities include managing meeting schedules, booking flights and other travel arrangements and handling the bulk of the office’s administrative tasks to keep it running smoothly.

Last year, Sen. Kelly Seyarto (R—Murrieta), then a member of the Assembly, spoke against a similar bill, AB 1577. It died in the Assembly Public Employment and Retirement Committee on the last day of the legislative session.

Former Assembly member Mark Stone speaks at a press conference in favor of AB 1577, a bill that would have allowed employees of the California State Legislature to unionize, on May 24, 2022. The bill has since died.Laura Fitzgerald

Seyarto argued in the hearing that a union wouldn’t fix inappropriate behavior.

“[Staff] shouldn’t need to feel like they form a union to address issues like that. We should be addressing issues like that,” he said. “And if we have legislators who can’t behave, who can’t assemble a staff and take care of them and treat them with respect, well they shouldn’t be here.”

Former Assembly member Lorena Gonzalez said it’s not that simple: “You can’t force a culture change.” 

Gonzalez authored three staff unionization bills during her tenure at the Capitol and now heads the California Labor Federation. She says the legislature is a unique place to work, which is why a union is needed.

“You can't reprimand a member for being bad. Their constituents elect them. You're not getting rid of a member because they're a jerk. Unfortunately, that's just not part of the way the system works,” Gonzalez said.

Why this year might be different

Last year, redistricting and term limits brought a wave of new lawmakers to the Capitol. These newly elected lawmakers have led to what is the most diverse legislature in state history. McKinnor, a former legislative staffer herself, says that turnover could account for the progress this effort has made. 

“It just shows that the legislature has actually changed. We’re willing to make progressive moves to take care of our staff,” she said.

But Assembly member Diane Dixon (R–Orange County) has concerns.

“We serve the public in a unique capacity that sometimes requires work before or after hours by attending events, analyzing bills and preparing vote recommendations to meet constitutional deadlines,” she said in a statement to CapRadio. Is the institution flexible enough to manage expectations outlined by unions? From my seven months spent here, I would say no.”

Staffers in some state capitals, including Oregon and Maine, are unionized. In Washington, D.C., legislative staff in the House of Representatives can also join a union, but not their counterparts in the Senate.

Former legislative staffer Moore said this proves a blueprint does exist for California. 

“But the institution itself has always looked out for itself first. Employees come second,” he said.

As the deadline for passing bills approaches in September, staff hope that this is the year the institution, in fact, puts them first. 

Editor's note: This story has been updated to include Assembly member Diane Dixon's statement.