Posts tagged opt-out
FREEDOM FOUNDATION TAKES ON UNIONS AT 9TH CIRCUIT
March 22, 2024 // But the U.S. Supreme Court has been clear that a public employee, and only a public employee, can waive their First Amendment rights and agree to fund a union’s speech. Otherwise, when a union uses state law to take an employee’s money and force them to fund its politics, the employee’s speech is compelled, and the employee may seek remedies against the union. Under these clear and plain rules, the applicable unions compelled Craine, Morejon, and Bourque’s speech. Let’s hope the 9th Circuit agrees.
Michigan Senate bills would revive dues skim for home health workers
March 19, 2024 // Senate Bill 790, which was submitted Thursday by Sen. Kevin Hertel, D-St. Clair Shores. Officially, the 15-page bill says it would create the Home Health Caregiver Council, a seven-member board that would oversee issues involving those workers. The council would set compensation rates and issue checks for home health workers. It would also be authorized to deduct union fees. Under the previous iteration of dues skim, the Service Employees International Union pulled in about $34 million between November 2006 and February 2013.
Union Power Slips as Percentage of Union Jobs Declines
February 6, 2024 // “Increasingly, Americans realize they can negotiate their own workplace terms without handing over part of their hard-earned paycheck to a union boss who probably doesn’t even know their name,” Ashley Varner of the Freedom Foundation told The Center Square. “Government employee unions are highly political organizations that aren’t held accountable to a profit-margin or a consumer base and government workers are seeing they get more value from keeping those union dues dollars in their pockets to put more gas in their cars and more food on their family dinner table.”
CALIFORNIA: 2023 WAS A YEAR OF TRANSFORMATION
January 22, 2024 //
BACKGROUNDER: Worker’s Choice Act. Sponsored by Rep. Eric Burlison (R-MO)
December 14, 2023 // President of Institute for the American Worker F. Vincent Vernuccio said, “Rep. Eric Burlison’s Worker’s Choice bill empowers both workers and unions. It allows workers to say “no thanks” to unwanted representation and unions to say “goodbye” to workers who are not interested in accepting or paying for their services. We applaud this commonsense legislation made possible by the Congressman’s leadership.
STOCKTON INTERPRETER’S LAWSUIT SHOWS HOW FAR CSEA WILL GO TO MAKE AN EXAMPLE OF DISSENTERS
December 7, 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. Through her attorneys, Baker was finally able to negotiate a settlement with CSEA in July 2022. Under its terms, her CSEA membership and dues deductions would stop immediately, and she would be reimbursed for the dues that had been deducted from her pay since April. In return, Baker agreed to release CSEA, its officers and agents from any and all claims, demands, obligations or causes of action through the date of execution of the settlement agreement, including claims for legal fees. The union also acknowledged for the first time that Baker had not been a member since April 2022 and enclosed a copy of the dues authorization she had allegedly signed two years earlier.
L’Oréal Employee Hits Union with Federal Charges for Illegal Dues Deductions, Threats for Seeking to Oust Union
December 6, 2023 // According to charge, union agent threatened: “The union is like a big mafia…something bad is going to happen to you” The election to decertify RWDSU, which took place October 19 and 20, is currently the subject of objections from Hoyos Lopez. The objections assert that union officials unlawfully interfered with the election through their intimidating actions during the September 22 meeting, as well as through campaign misrepresentations and racially-charged tactics. Hoyos Lopez’s federal charges, which she filed after submitting her election objections, state that employees she believed were acting on behalf of the union targeted her after she attempted to defend the integrity of the election. On November 27, “a L’Oréal contractor…intimidated [Hoyos Lopez]” and told her that “people say you have to leave because you have problems with the union.” The charges argue that all of these actions by RWDSU union officials and alleged union agents are clear violations of Hoyos Lopez’s rights under Section 7 of the National Labor Relations Act (NLRA), the federal law the NLRB is charged with enforcing. Section 7 protects workers’ right to refrain from union activities.
FREEDOM FOUNDATION DEMAND LETTER FREES ANOTHER CALIFORNIA PUBLIC EMPLOYEE
November 15, 2023 // Mr. Purciel sent a letter to AFSCME Council 57 exercising his constitutional right to leave the union. The union ignored him. Mr. Purciel also contacted the payroll officer for the County of El Dorado and requested that they stop making deductions from his lawfully earned wages and providing his money to the union. The government payroll department told Mr. Purciel that they would not end the deductions without the direction of the union. This is an unfortunate consequence of the statutory scheme operating under California Government Code Section 1157.12, which forces public employees to direct requests that “cancel or change deductions for employee organizations to the employee organization, rather than to the public employer.”
U.S. Supreme Court will consider taking up Alaska union dues case no sooner than December
November 8, 2023 // Politically conservative organizations, including the Buckeye Institute, National Right to Work Legal Defense Foundation, and the Goldwater Institute, have submitted documents in support of the state’s case. Those organizations, plus the state of Kansas (which also submitted documents in support of Alaska) are hoping that the Supreme Court will reinterpret its 2018 case and effectively put new restrictions on public employee unions. In 2018, the Supreme Court ruled that unions could not automatically collect so-called “fair share” fees from workers who benefited from union contracts but declined to formally join a union.
City Workers Ditch Unions, Skip Dues, Following Supreme Court Ruling
November 2, 2023 // Pre-Janus, public sector employees had the option to explicitly opt out of union membership thanks to an earlier Supreme Court decision but still had to pay “agency fees” out of their paychecks to the unions. Union leaders, including New York City’s Municipal Labor Committee, warned before the decision of potentially large declines in union membership if signing up became optional. Any dramatic loss of dues-paying union members could threaten unions’ operations or even their ability to exist – a possibility on the horizon in some so-called “right to work” states.