It is now settled law that public employees cannot be forced to pay dues to a union as a condition of employment. American Federation of State, County and Municipal Employees (AFSCME) Local 3930 and the State of California don’t seem convinced. Neither does a federal judge. On June 15, a U.S. District Court for the Central District of California rebuked an Orange County home care provider, Maria Quezambra, in her quest to recoup dues collected by the union via the State of California over six years despite clear evidence that someone at the union had forged her signature to establish membership. A week later, she filed an appeal. The larger issue, in light of the Supreme Court’s 2018 ruling in Janus v. AFSCME Council 31, is the corrupt practice of government agencies allying themselves with the very unions with whom they bargain.
This June 27 marked the second anniversary of the Supreme Court ruling in Janusv. AFSCME Council 31, a pivotal event in labor relations whose potential long-run impact is only beginning to be felt. The High Court’s upholding by a 5-4 margin of the constitutional right of Mark Janus (in photo), an Illinois state civil servant, to withhold dues from an affiliate of the American Federation of State, County and Municipal Employees has enabled numerous nonmembers across a wide range of public-sector jobs to decline to pay without worrying about losing their jobs. In response, unions and their political allies are going to great lengths to circumvent the ruling. They know what is at stake. Their actions unintentionally underscore why the Court made the right call. And Mark Janus isn’t quite done yet.
Government employee unions, especially at the state and local levels, have become a dominant force … Read More ➡
Service Employees International Union Local 775, it seems, would do anything for a buck, including collecting dues from a former member. It’s now learned its limitations. On March 29, the Seattle-based union reached an out-of-court agreement with a Spokane home caregiver, Cindy Ochoa, following its admission that one of its canvassers had forged her signature on a membership card. Ochoa, with the help of a nonprofit legal group, the Freedom Foundation, had filed a lawsuit in federal court in October alleging the union had violated her First Amendment rights, unlawfully withheld part of her wages, and caused emotional distress. Local 775 agreed to pay $15,000 in damages to her and $13,000 to the foundation to cover legal fees, plus send her a written apology.
SEIU Local 775 represents more than 45,000 long-term health care providers in Washington State and Montana, many of them operating out of their homes on behalf … Read More ➡
In the wake of the U.S. Supreme Court’s landmark 5-4 Janus decision last June, which barred public-sector unions from forcibly exacting dues from nonmembers, various states have gotten creative in circumventing the ruling. Oregon is emerging as a leader. Early in the year, a state lawmaker, acting on a request by a school employees union, introduced House Bill 2643, authorizing the establishment of a special fund from which public employers would collect dues and then pass them along to unions. A dissenting worker would have no way to opt out. Aside from showing contempt for worker liberty, the measure runs contrary to the law. The bill for now is in committee, but given the Democratic Party (i.e., pro-union) majority in both legislative houses, passage is a distinct possibility.
The Supreme Court’s Janus decision four months ago, which overturned the authority of public-sector unions to force nonmember employees under contract to pay dues or risk losing their jobs, has taken some unexpected turns. Indeed, barely after the ruling, a Columbus, Ohio-based nonprofit group, the Buckeye Institute, filed separate suits on behalf of a high school teacher in Ohio and a college professor in Minnesota challenging the authority of their respective unions to bargain exclusively. In effect, the plaintiffs seek to be freed from representation they never requested in the first place. “These capable public servants have the right to speak for themselves and should be released from forced association with unions and advocacy with which they disagree,” said Institute President Robert Alt. The unions have a different view.
Janus v. AFSCME Council 31 was the most important U.S. Supreme Court decision on public-sector unionism in more than 40 … Read More ➡
The Supreme Court’s 5-4 decision in Janus v. AFSCME was a stunning blow to over 40 years of public-sector union monopoly power. Union leaders for their part are pushing back. They have plenty of allies in state governments, and perhaps no state is as vociferous as New York. Indeed, on June 27, the day of the ruling, Governor Andrew Cuomo signed an executive order to protect union members from outside intimidation – ironic, given the pressure unions often use to collect dues. The State of New York also has begun deducting dues from the pay of government workers without even checking to see if they are members. And now a prominent lawmaker wants taxpayers to reimburse unions for foregone dues.
State and local officials across the country, especially in non-Right to Work states, are helping to lead a popular resistance to Trump administration policies and court … Read More ➡