WARWICK, RI – Jeanette Geary finally achieved a total victory in her 11-year legal battle against union bosses. She and 99 other current and former nurses at Kent Hospital in Rhode Island received refunds of forced dues that were illegally used to support union lobbying in state legislatures. Foundation attorneys represented Geary throughout her fight. Geary’s journey began when she grew frustrated with United Nurses and Allied Professionals (UNAP) union bosses in her workplace. “I realized what the union was doing,” Geary explained. “The union leadership had no interest in nurses or our professional work. Their only interest was collection of dues and fees.” Geary resigned her union membership, but union dues were still extracted from her paycheck because Rhode Island is a forcedunionism state that lacks Right to Work protections. However, thanks to the Foundation-won CWA v. Beck Supreme Court decision, nonmember workers can only be forced to pay fees for union activities “germane” to union monopoly bargaining. They cannot be forced to pay the portion of dues that funds activities like union lobbying. Nurse Harassed for Standing Up to Union Bosses Geary demanded a breakdown of the union’s expenditures, but union bosses refused to give her a legally required independent auditor’s verification of how they calculated non-members’ reduced forced fees. Like many who speak up against union bosses, Geary became a target for union harassment. “They laughed at me. They had their workplace reps ridicule me on the job and tell me I could file grievances that would be thrown away and said so with a big smile,” Geary recalled. In 2009, Geary filed federal charges against union officials. The trial revealed UNAP officials were charging non-member nurses for lobbying in state legislatures. Despite the Supreme Court’s clear mandate in Beck that non-members’ money could not be used to fund political causes, union lawyers argued the lobbying was “germane” to the union’s monopoly bargaining. Thanks to delays caused by President Obama’s illegal recess appointments to the National Labor Relations Board (NLRB), Geary had to file two petitions with the U.S. dues can’t be taken from public workers without a freely given waiver of these rights, the Ninth Circuit Court of Appeals let “escape periods” survive in each of these cases. The majority of these cases are class-action lawsuits, and thus seek to reclaim for both petitioners and their coworkers money union bosses seized from their paychecks after they resigned union membership and tried to exercise Janus rights. AGs from Alaska and 15 Other States Aid Worker Fight Against ‘Escape Periods’ Even though the Alaska employees’ case names the State of Alaska a defendant for its role in enforcing “escape periods,” the state government’s top lawyer — Attorney General Treg Taylor — filed a brief backing the employees’ opposition to the restrictive schemes. The State of Alaska, “although appearing as a respondent here, urges the Court to grant the petition to protect the First Amendment rights of government employees in Alaska and throughout the country,” the brief says. Taylor is also defending an Alaska executive order forbidding “escape periods,” which is currently enjoined in state court. Additionally, West Virginia Attorney General Patrick Morrisey and attorneys general from 14 other states submitted an amicus brief in late November throwing the weight of their states behind the Alaska workers. “All over the country, American public workers are making it clear that they will not stand by while union bosses and their allies in government play deceptive games with their First Amendment Janus rights, just so they can fill union coffers with more money from dissenting workers,” commented National Right to Work Foundation President Mark Mix. “This message should now be overwhelmingly evident to the Supreme Court, which has an opportunity to rectify lower courts’ gross misinterpretations of Janus, and clarify that public workers’ First Amendment rights can’t be limited to arbitrary windows created by union bosses or their political allies designed to undermine workers’ rights recognized in the Janus decision.”

Posted on Apr 9, 2022 in Newsletter Articles