Posts tagged opt-out window
Recent Legal Battle Latest in War to Protect the American Worker
December 6, 2023 // To justify its actions, the union claimed Baker had signed a subsequent dues-authorization form in 2020 that included the opt-out window provision. But when she asked to see the document, the union refused. After being forced to hire an attorney, Baker was finally able to negotiate a settlement with CSEA in July 2022. Under its terms, her dues deductions would stop immediately, and she would be reimbursed for the dues that had been deducted from her pay since April. The union also acknowledged for the first time that Baker had not been considered a member since April 2022, which was news to Baker. CSEA also enclosed a copy of the dues authorization she had allegedly signed two years earlier. The document had an e-signature rather than a “wet signature,” and Baker denies ever having approved it.
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.
The Supreme Court’s Janus v. Afscme Sequel?
August 25, 2023 // Alaska’s courts have blocked Mr. Dunleavy’s plan from taking effect. In a May ruling, the state Supreme Court said that “neither Janus nor the First Amendment required the State to alter the union member dues deduction practices set out in the collective bargaining agreement.” This is a crabbed view of free speech and free association. Although Janus involved a union nonmember, Alaska tells the U.S. Supreme Court in its petition that “the decision applies to all involuntary fees and has clear application to members and nonmembers alike.” Consider the devious policies that make canceling a paycheck deduction into a “byzantine process,” Alaska says. In California, “certain public employees cannot stop their dues unless the union receives a signed revocation letter ‘postmarked’ precisely ‘between 75 days and 45 days before’ the employee’s ‘annual renewal date.’” The point is to trap workers and keep that dues money coming. The authorization form for the Alaska State Employees Association was even stricter, making union dues irrevocable except during a magical 10-day window each year, though the petition says the union eventually promised not to enforce it after the state sued.
Congress Should Protect Federal Workers from Union Coercion
August 10, 2023 // Any other business enterprise attempting to sell nearly irrevocable memberships without disclosing the terms up front would swiftly find itself in the sights of federal regulators. Just last month, the Federal Trade Commission sued Amazon in federal court for “failing to clearly and conspicuously disclose all material terms of the transaction” before signing people up for Prime memberships and “failing to provide a simple cancellation mechanism.” It’s time unions started playing by the same rules. The Paycheck Protection Act, just introduced in Congress by Representative Eric Burlison (R., Mo.), would increase union accountability by ending the collection of union dues via payroll deduction by federal agencies. Given the ubiquity and ease of electronic payment methods, there is simply no good reason to force taxpayers to subsidize a dues-collection system for a private, politically divisive special-interest group.
End the Practice of Federal Government Serving as Unions’ Bill Collector
August 9, 2023 // The Paycheck Protection Act would help federal employees by requiring their unions to be more transparent and accountable to them. It would protect taxpayers by no longer requiring them to foot the bill for a private organization’s bill collections. And it would eliminate the special-interest bill collection subsidy granted to federal employee unions.
Dallas-Based Danone North America Employee Slams Union with Federal Charges for Illegally Seizing Money from Pay
July 12, 2023 // Alex Botello, a Dallas-based employee of food manufacturer Danone North America, has hit the United Food and Commercial Workers (UFCW) Local 540 union with federal charges after union officials illegally seized union dues from his paycheck. Botello filed his charges at Region 16 of the National Labor Relations Board (NLRB) in Dallas with free legal aid from the National Right to Work Legal Defense Foundation. Botello’s charge says that UFCW bosses rebuffed or ignored his two attempts to revoke a dues checkoff authorization. Botello maintains that the union’s actions violate his rights under Section 7 of the National Labor Relations Act (NLRA), which is supposed to protect American private sector workers’ right to refrain from union activity.
COMMENTARY: White House Swells Federal Union Ranks – But at What Cost
May 18, 2023 // Using the estimated dues of the largest federal employee union as an example, the new union members for which the Biden administration is taking credit could represent between $37 million and $46 million in annual dues revenue. And as these employees are ushered through the union door, union officials and government agencies appear determined to slam it behind them. For employees who feel this arrangement violates their rights, litigation may be the only way out. In the past year, the Fairness Center, the public interest law firm of which I am president, has filed 36 matters on behalf of federal employees involving 16 unions and eight federal agencies.
Oakland County Employee Slams Union with Federal Charges Over Illegal Seizure of Dues
May 4, 2023 // On April 26, Kroger employee Roger Cornett charged UFCW union officials with illegally seizing union dues from his paycheck. According to his charge, Cornett was presented with a “union membership application” form to complete during an employee orientation. The form indicated that signing it would authorize both union membership and dues deductions. Cornett’s charge says the form violates federal labor law because of its “dual purpose” nature, as the law requires any authorization for union dues deductions to be voluntary and separate from a union membership application. Cornett attempted to resign his union membership and revoke his dues deduction authorization around March 8. He successfully resigned his membership, but the union refused to stop deducting dues from Cornett’s paycheck, alleging that Cornett could only exercise his right to stop dues deductions within a tiny “window period” enforced by union officials.
Southwest Ohio School Employee Hits OAPSE Union with Charges for Illegally Seizing Union Dues
February 10, 2023 // Union officials misled worker and ignored revocation request in attempt to deduct dues for entire school year over employee’s clear objection Southwest Public Schools employee Richard Koch has filed charges against the Ohio Association of Public School Employees (OAPSE/AFSCME Local 4) union, telling the Ohio State Employee Relations Board (SERB) that union officials have unlawfully locked him into an entire school year of union dues deductions against his will. Staff attorneys at the National Right to Work Legal Defense Foundation represent him for free. Koch, who is not a union member, charges that OAPSE union bosses are arbitrarily restricting the time in which school employees can exercise their right to cut off union dues deductions to less than 3% of the year.
OPT-OUT WINDOWS JUST ANOTHER WAY UNIONS FLOUT JANUS RULING
February 7, 2023 // Determining when and how to exercise their right to be free of a union is the prerogative of the workers, not the union, elected lawmakers or unelected bureaucrats. Nor is it within the purview of lower courts to limit rights only recently affirmed by the Supreme Court. Moreover, what the unions don’t realize is that, by denying workers their constitutional rights, they alienate the very people they so virtuously claim to represent.