Posts tagged Janus
When workers in Michigan had a choice, they left unions
April 17, 2023 // Although the state has seen a 20% increase in the number of jobs since 2012, union membership has declined by 26.4%. Some 143,000 members chose to leave their unions while they had the right. The state’s largest unions shed an additional 5,250 members last year, according to their Form LM-2 financial reports for 2021 and 2022. Freedom will come to an end for many workers. Employees at unionized workplaces will likely be forced again to pay union dues as a condition of employment. The American Federation of Teachers lost 15.3% of its Michigan members during the right-to-work era, the biggest percentage loss of any union in the state. Membership in the teachers union crashed from 20,063 to 16,994 between 2012 and 2022. AFSCME Council 25 had the second biggest percentage loss at 14.4%, losing 150 members.
National Right to Work Foundation Issues Special Legal Notice to Rutgers Professors Impacted by Union Officials’ Strike Order
April 13, 2023 // In regards to union members, the Foundation’s notice informs workers that they maintain the right to resign from union membership at any time. The notice also suggests, if employees wish to continue working during the strike and avoid union discipline such as fines, that current union members resign their union membership at least one full day before returning to work. “It is Foundation attorneys’ best legal opinion that public sector employees have the right to resign their membership in a union at any time. At least two federal district courts have reached that conclusion,” mentions the notice. “If you are now a union member and want to work during the strike, you should seriously consider resigning your union membership at least one day, if not more, BEFORE you return to work during the strike.” “By initiating a strike that affects thousands of Rutgers employees, these union bosses are not only threatening the education of students, but are also potentially upending the livelihoods of countless families,” commented National Right to Work Legal Defense Foundation President Mark Mix. “Rutgers professors should know that they have the right to reject union boss strike orders and can continue working.”
Foundation Brief to Court of Appeals: Lower Court’s Decision Conflicts with SCOTUS’ Janus Ruling
April 7, 2023 // The National Right to Work Legal Defense Foundation filed an amicus brief with the Sixth Circuit Court of Appeals on April 5. The brief was filed in Littler v. OAPSE, brought by plaintiff Christina Littler. She attempted exercise her right to withdraw union membership and financial support, as recognized by the U.S. Supreme Court in the 2018 Janus v. AFSCME decision, only to be denied by union officials. In the Foundation-won and argued Janus case, the Supreme Court recognized that the First Amendment protects government employees, like Littler, from being forced to fund union activities, and further that dues may only be deducted with the affirmative consent of an employee. Littler is a school bus driver who, shortly after the Supreme Court issued its seminal decision in Janus, notified the Ohio Association of Public School Employees (OAPSE) that she resigned her union membership and revoked her dues deduction authorization. Rather than honor Littler’s timely request to stop paying union dues, union officials had her government employer continue to seize full dues from her paycheck. This prompted Littler to file a lawsuit to recover the dues OAPSE seized from her in violation of her First Amendment rights.
Lucas County Employees Win Back Unconstitutionally Seized Money from AFSCME Union
April 5, 2023 // Three Lucas County Job and Family Services (JFS) employees have emerged victorious in their federal civil rights lawsuit against the American Federation of State, County, and Municipal Employees (AFSCME) Ohio Council 8 union. The employees, Penny Wilson, Theresa Fannin, and Kozait Elkhatib, charged AFSCME union bosses in December 2022 with seizing money from their paychecks in violation of the First Amendment. Wilson, Fannin, and Elkhatib received free legal assistance from the National Right to Work Legal Defense Foundation and The Buckeye Institute. They asserted their constitutional rights recognized in the landmark 2018 Foundation-won Janus v. AFSCME U.S. Supreme Court decision. In Janus, the Court declared it a First Amendment violation to force public sector workers to pay union dues or fees as a condition of employment. The Court also ruled that union officials can only deduct money from the paycheck of a public sector employee who has voluntarily waived his or her Janus rights. Jay R. Carson,
Know your Janus rights: Government employees still can’t be forced to pay unions in Michigan
March 31, 2023 // “Passing bills that are currently unconstitutional can mislead employees into believing that the law has changed and that they must now pay a union,” said Steve Delie, director of labor policy at Mackinac Center for Public Policy. “Public sector employees across the country have a First Amendment right to not pay a union thanks to the U.S. Supreme Court’s Janus v. AFSCME decision. Repealing right-to-work does nothing for public sector employees except cause confusion.”
Connecticut Bus Driver Slams Teamsters Union with Federal Charges for Violating Beck Rights
March 30, 2023 // Connecticut school bus driver Mary Boland has filed federal charges against Teamsters Local 671 union after union officials violated her rights, as established under the Foundation-won U.S. Supreme Court Beck decision, by illegally charging her union dues in excess of what she must pay in order to keep her job. These charges were filed with the National Labor Relations Board (NLRB). Boland is being represented for free by National Right to Work Legal Defense Foundation staff attorneys.
ARKANSAS BILL WOULD END GOVERNMENT COLLECTION OF UNION DUES FROM TEACHERS’ PAYCHECKS
March 28, 2023 // Just weeks after passing the largest education reform in state history, Arkansas lawmakers are now considering a bill that would better protect both taxpayers and teachers in the Natural state by preventing government employers from deducting union dues or political contributions from public school employees’ paychecks. “Gov. Sarah Huckabee Sanders has taken major steps to make good on her promise to be the education governor that others should aspire to,” said Rusty Brown, southern director for the Freedom Foundation. “The governor has already signed into law the largest teacher salary increase in state history, moving Arkansas from having some of the lowest teacher salaries in the country to among the five highest in the nation. I defy any teachers’ union to show where they’ve done the same.”
Special Legal Notice to Private-Sector Workers in Michigan
March 27, 2023 // Michigan’s legislative majority and current Governor are unfortunately repealing Michigan’s Right to Work law which granted most private-sector workers a right to not join or pay monies to unions they oppose. This special notice is intended to inform Michigan workers who are employed by private companies, other than in the airline and railroad industries, of their rights after the repeal of the Right to Work law takes effect ninety days after the current legislative session ends.* In short, after the repeal statute takes effect, it will be legal under Michigan law for private-sector employers and unions to enter into agreements that compel workers to pay fees to unions as a condition of employment. However, under the National Labor Relations Act (NLRA) workers subject to these forced fee arrangements cannot lawfully be compelled to be actual union members or pay full union dues to keep their jobs
The weak support for mandatory payments to unions
March 24, 2023 // As political organizations, unions tend to support Democrats, regardless of the proportion of their members who vote otherwise. Unions’ political spending, which is only a subset of their total political support, almost exclusively benefits Democrats. By requiring workers to pay unions, Democrats voted to mandate payments to political organizations that support Democrats. People might be more inclined to believe that this was not about such crass self-interest if the law’s supporters tried to justify and explain the bill’s mechanics. Instead, its political supporters projected their fantasies onto the bill.
Southern States Moving Bills to Reinforce Janus Ruling
March 23, 2023 // Moreover, while the Florida, Kentucky, Tennessee, and Oklahoma proposals all include provisions not specifically mentioned in the Janus ruling as written by Justice Samuel Alito and affirmed by four of his colleagues, each is entirely consistent with its unambiguous intent. The ruling clearly states, “Neither an agency fee nor any other payment to the union may be deducted from a nonmember’s wages, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay.”