Posts tagged affirmative consent
Liberty Justice Center Files Three New Lawsuits to Protect the Rights of Government Employees Against Public-Sector Unions
March 13, 2025 // "Public-sector unions continue to place barriers for government employees who wish to stop being union members and stop paying union dues in ways that violate the Supreme Court’s Janus decision.” said Jeffrey Schwab, Senior Counsel at the Liberty Justice Center. “And although those unions are supposed to only collect dues from members, these unions often refuse to be held accountable by their own members for how they spend those dues.”
Victory for Workers’ Rights: Liberty Justice Center Defends New Jersey Plumber Against Union that Illegally Withheld Money from His Paycheck
November 18, 2024 // After learning about these constitutional rights under Janus v. AFSCME, Nicolo Giangrasso—a New Jersey plumber employed by the Hamilton Township School District—resigned his union membership and requested the union stop deducting dues from his paychecks. The union refused, falsely claiming that the Supreme Court’s decision only applied to “union dues” and therefore did not apply to Mr. Giangrasso—because the union called the money it illegally took from his paychecks “assessments” instead. On August 1, the Liberty Justice Center filed a lawsuit against UA Local 9 on Mr. Giangrasso’s behalf, arguing that it does not matter whether the union labels the money withheld from an employee’s paycheck “dues” or “assessments,” because the Supreme Court held in Janus that neither dues, agency fees, “nor any other form of payment to a public-sector union” can be withheld from employees who have not agreed to the withholding—and Mr. Giangrasso had not agreed.
Myths vs. Facts: Public Workers’ Janus Rights
November 7, 2024 // ALEC’s model Public Employee Rights and Authorization Act can help states reach full compliance. Its comprehensive reforms reiterate workers rights by ensuring that workers are unambiguously informed of their rights, have ample windows to make membership decisions, and can make labor decisions on an annual basis.
Op-Ed: Public workers deserve full First Amendment protection from compelled union speech
January 8, 2024 // SCOTUS’s ruling in Janus logically leads to a conclusion that public workers’ income cannot subsidize a private matter on issues of substantial public concern without voluntarily waiving their First Amendment right. To voluntarily waive a fundamental right demands individual rights have been thoroughly communicated and understood. The First Amendment protects both the freedom to speak as well as the freedom to refrain from speaking. The state of Alaska urges the Supreme Court to reaffirm Janus which equally supports employees who wish to support union causes and those who “strongly object to the positions the union takes” as the court stated in 2018. Mountain States Policy Center firmly agrees with those asking SCOTUS to fully clarify the First Amendment rights of workers to not be forced to provide financial support to union causes or membership without direct consent first. We’ll soon know if the U.S. Supreme Court agrees.
Liberty Justice Center Defends Janus Rights in Alaska
October 6, 2023 // In the years since the Supreme Court issued its ruling, multiple states have passed laws to make it more difficult for employees to know and exercise their rights under Janus. In addition, multiple lower courts have refused to enforce the “affirmative consent” requirements set forth by the Supreme Court when employees have sought to enforce their Janusrights by alleging that they did not consent to pay unions freely or knowingly. “Unions have convinced states, government employers, and the lower courts to ignore one of the most important parts of the Janus decision,” said Liberty Justice Center Senior Counsel Jeffrey Schwab. “The Supreme Court must intervene and make clear that it meant what it said in Janus—workers must be fully informed of their rights before the union can claim any of their paycheck.” In their amicus brief, Mark Janus, the Liberty Justice Center, and the Illinois Policy Institute urge the Supreme Court to hear Alaska v. Alaska Employees Association and affirm that the Court’s ruling in Janus means that money cannot be withheld from employees on behalf of unions unless and until the government has clear evidence of the employees’ free and knowing consent.
CEA Union Officials Back Down after Plainville Community School District Teacher Exercises Right to Cut Off Dues
April 4, 2022 // Despite Connecticut Education Association (CEA) union officials trying to restrict the exercise of her right to a narrow span of days several months away known as an “escape period,” Corvello was able to opt-out of the union before the “escape period” and is no longer paying dues to the CEA hierarchy.
Union Forgeries Reveal Systemic Corruption Requiring Court Review
February 17, 2022 // Last week, the 9th Circuit Court of Appeals heard arguments in three cases dealing with public employee labor unions accused of forging employee signatures on dues-authorization cards so they can take their money without permission and spend it on politics.