Union bosses attempted to withhold benefits from employee who exercised First Amendment rights under Janus Supreme Court precedent

Irvine, CA (August 24, 2026) – Peter Crary, a Fire Apparatus Engineer who has served his community for over 20 years with the Orange County Fire Authority (OCFA), has prevailed in his dispute with International Association of Fire Fighters (IAFF) Local 3631 union bosses, and OCFA officials. IAFF Local 3631 bosses moved to settle after the California Public Employment Relations Board (PERB) issued a complaint against the union for violating Crary’s rights. Crary’s settlement was secured with free legal aid from National Right to Work Foundation staff attorneys.

Crary filed charges with the PERB against IAFF Local 3631 in late 2025 after union bosses threatened him, stating that as a nonmember, he would be denied access to his retiree healthcare (an IAFF Local 3631 medical benefit trust fund which he contributed to through his wages) unless he rejoined the union and paid back dues for the entire period during which he was a nonmember. The charges detail that forcing union membership and dues payment as a condition for healthcare access is arbitrary and discriminatory, interferes with protected rights, and constitutes a breach of the union’s duty of fair representation.

Charges were also filed against OCFA, noting that while OCFA does not administer IAFF Local 3631’s medical benefit trust fund, as a public agency, its compliance with IAFF Local 3631’s eligibility restrictions based on union membership is a violation of employees’ protected right to refrain from union membership.

Having examined the facts of the case, the PERB issued complaints against IAFF Local 3631 union bosses and OCFA officials, finding that Crary provided sufficient evidence to allege a violation of his rights under the Meyers-Milias-Brown Act and move forward with a hearing to establish the violation. To avoid further litigation, IAFF Local 3631 and OCFA have now settled the case with Crary.

Under the settlement, IAFF Local 3631 union bosses are withdrawing and rescinding the union’s policy denying retirement benefits to nonmembers unless they rejoin and pay dues to the union. Additionally, IAFF and OCFA officials are required to issue a public notice to all OCFA workers informing them that the policy targeting nonmembers has been withdrawn and rescinded.

“I am glad that my complaint and the Foundation’s assistance with reaching a settlement agreement rescinded a policy that I believe coerced firefighters into paying thousands of dollars to rejoin the union in order to avoid losing health insurance in retirement,” stated Crary.

Thanks to the 2018 Foundation-won U.S. Supreme Court Janus v. AFSCME case, Crary and all public employees in California can no longer be required to join or pay dues or fees to a union. Despite the Supreme Court’s decision, as this case shows, California government union bosses have sought to undermine employees’ rights, including by discriminating against those who choose to exercise their First Amendment rights under Janus.

“We are pleased to have been able to assist Mr. Crary in defending his Janus rights against union bosses who just cannot accept that union affiliation and financial support must be voluntary for all public employees,” said National Right to Work Legal Defense Foundation President Mark Mix. “Rather than simply attempt to attract the voluntary support of current and retired employees, government union bosses continue to attempt to bully and discriminate against those who choose to exercise their First Amendment rights.

“The Foundation is proud to have secured the Janus victory at the Supreme Court and will continue to assist individuals like Mr. Crary to enforce their rights under Janus,” added Mix.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.