Alaska Governor Mike Dunleavy recently issued an executive order to protect the First Amendment rights of all state employees under the Janus v. AFSCME decision won by the National Right to Work Legal Defense Foundation at the United States Supreme Court in June 2018.

Under the new rule, adopted following a formal opinion by Alaska Attorney General Kevin Clarkson, the state will deduct union fees only from the paychecks of employees who have filed a waiver with the state acknowledging their wishes to have union dues taken from their paychecks despite their right under Janus not to fund any union activities.

Tho order follows an op-ed for the Wall Street Journal by National Right to Work Foundation President Mark Mix and veteran Foundation staff attorney William Messenger (who argued the Janus case at the Supreme Court) which encouraged Gov. Dunleavy to take this proactive step to enforce the Janus decision in Alaska, and also urged elected officials in other states to follow Alaska’s example:

Politicians in state capitals where Big Labor has a stranglehold are resisting compliance with Janus. Faced with both government and union resistance, public employees have filed dozens of lawsuits seeking to stop unions from seizing money from their paychecks.

But not all elected officials are so beholden to union bosses. Some are willing to put employee freedom before the interests of union officials. Alaska started that process Tuesday when, at the request of Gov. Mike Dunleavy, Attorney General Kevin Clarkson issued a formal opinion delineating how the state must change its payroll process to comply with Janus by ensuring that employees “freely and knowingly consented to have dues deducted from their paychecks.” Alaska’s solution includes stopping dues deductions absent an annual renewal of the waiver.

Hundreds of millions of dollars are being taken out of workers’ paychecks each month without any evidence that they waived their First Amendment right not to fund union activities, including partisan electioneering. Other state officials, along with federal agencies, should follow Alaska’s example.

The complete op-ed is available online here.

Public sector workers can learn more about their First Amendment rights under the Janus decision by visiting

Posted on Oct 4, 2019 in Blog