{"id":2742,"date":"2008-03-31T13:33:26","date_gmt":"2008-03-31T13:33:26","guid":{"rendered":""},"modified":"2016-08-09T18:20:22","modified_gmt":"2016-08-09T18:20:22","slug":"28-000-employees-win-right-to-reclaim-3-million-in-illegally-seized-special-assessment-spent-to-oppose-ballot-initiatives","status":"publish","type":"post","link":"https:\/\/www.nrtw.org\/es\/news\/28-000-employees-win-right-to-reclaim-3-million-in-illegally-seized-special-assessment-spent-to-oppose-ballot-initiatives\/","title":{"rendered":"28,000 Employees Win Right to Reclaim $3 Million in Illegally Seized \u201cSpecial Assessment\u201d Spent to Oppose Ballot Initiatives"},"content":{"rendered":"<p>\nDownload the decision <a href=\"\/files\/nrtw\/Order.139.pdf\">here<\/a>.\n<\/p>\n<p>\nSacramento, California (March 31, 2008) \u2013 A federal judge has ordered California State Employees Association (CSEA) union officials to offer rebates to up to 28,000 state employees who are not union members.  Imposing a \u201cspecial assessment\u201d in addition to mandatory dues, union officials seized an additional 25% of forced union dues to wage their campaign against Governor Arnold Schwarzenegger\u2019s modest reform measures on the 2005 ballot.\n<\/p>\n<p>\n The ruling stems from a class-action civil rights complaint, filed by nine state government employees (union members and nonmembers) with free legal assistance from the National Right to Work Legal Defense Foundation.  The complaint sought a ruling that would require union officials to give employees due process, including proper financial disclosure, a formal notice that they may reclaim the special assessment spent for electioneering, and rebates, plus interest, to all who request them.\n<\/p>\n<p>\nCSEA union officials had imposed on government employees a so-called \u201cEmergency Temporary Assessment to Build a Political Fight-Back Fund\u201d for a broad range of political activities.  Union officials openly admitted that the \u201cFund will not be used for regular costs of the union,\u201d but for political advertising, direct mail, and get-out-the-vote activities.\n<\/p>\n<p>\nBy levying this mid-year \u201cspecial assessment,\u201d CSEA officials illegally jacked up and spent employees\u2019 mandatory payments by between 25-36% without even allowing those employees who were not union members to opt out of paying for such activities.  Union officials raised over $12 million through the special assessment and spent many millions more using regular dues.  Approximately $3 million of this was taken from nonmembers.\n<\/p>\n<p>\nMorrison C. England Jr., a U.S. District Court Judge for the Eastern District of California, noted that \u201ca contrary decision from the one reached today would allow unions to run roughshod over dissenting nonmembers&#8230;\u201d<br \/>\nCSEA union officials must now provide the nonunion state employees with a financial disclosure, notice that they may object to the use of these forced union dues for political activities, and refunds to all who object in response to the new disclosure.\n<\/p>\n<p>\n\u201cAlthough this is an encouraging victory for these employees, this ruling underscores the gross injustice of forced unionism that exists in California,\u201d stated National Right to Work Foundation Vice President Stefan Gleason.  \u201cOnly a Right to Work law banning forced union dues altogether will give Golden State employees meaningful protection from similar abuses of their constitutional rights.\u201d\n<\/p>\n<p>\nIn the Foundation-won U.S. Supreme Court ruling in Chicago Teachers Union v. Hudson, the High Court ruled that public employees have due process rights under the First and Fourteenth Amendments to be notified of how their forced union dues are spent, and how to prevent the spending of their dues for union political activities.  However, CSEA union officials did not give public employees any opportunity to object to the special assessment.<br \/>\n<!--break--><\/p>\n","protected":false},"excerpt":{"rendered":"<p>\nDownload the decision <a href=\"\/files\/nrtw\/Order.139.pdf\">here<\/a>.\n<\/p>\n<p>\nSacramento, California (March 31, 2008) \u2013 A federal judge has ordered California State Employees Association (CSEA) union officials to offer rebates to up to 28,000 state employees who are not union members.  Imposing a \u201cspecial assessment\u201d in addition to mandatory dues, union officials seized an additional 25% of forced union dues to wage their campaign against Governor Arnold Schwarzenegger\u2019s modest reform measures on the 2005 ballot.\n<\/p>\n<p>\n The ruling stems from a class-action civil rights complaint, filed by nine state government employees (union members and nonmembers) with free legal assistance from the National Right to Work Legal Defense Foundation.  The complaint sought a ruling that would require union officials to give employees due process, including proper financial disclosure, a formal notice that they may reclaim the special assessment spent for electioneering, and rebates, plus interest, to all who request them.\n<\/p>\n<p>\nCSEA union officials had imposed on government employees a so-called \u201cEmergency Temporary Assessment to Build a Political Fight-Back Fund\u201d for a broad range of political activities.  Union officials openly admitted that the \u201cFund will not be used for regular costs of the union,\u201d but for political advertising, direct mail, and get-out-the-vote activities.\n<\/p>\n<p>\nBy levying this mid-year \u201cspecial assessment,\u201d CSEA officials illegally jacked up and spent employees\u2019 mandatory payments by between 25-36% without even allowing those employees who were not union members to opt out of paying for such activities.  Union officials raised over $12 million through the special assessment and spent many millions more using regular dues.  Approximately $3 million of this was taken from nonmembers.\n<\/p>\n<p>\nMorrison C. England Jr., a U.S. District Court Judge for the Eastern District of California, noted that \u201ca contrary decision from the one reached today would allow unions to run roughshod over dissenting nonmembers&#8230;\u201d<br \/>\nCSEA union officials must now provide the nonunion state employees with a financial disclosure, notice that they may object to the use of these forced union dues for political activities, and refunds to all who object in response to the new disclosure.\n<\/p>\n<p>\n\u201cAlthough this is an encouraging victory for these employees, this ruling underscores the gross injustice of forced unionism that exists in California,\u201d stated National Right to Work Foundation Vice President Stefan Gleason.  \u201cOnly a Right to Work law banning forced union dues altogether will give Golden State employees meaningful protection from similar abuses of their constitutional rights.\u201d\n<\/p>\n<p>\nIn the Foundation-won U.S. Supreme Court ruling in Chicago Teachers Union v. Hudson, the High Court ruled that public employees have due process rights under the First and Fourteenth Amendments to be notified of how their forced union dues are spent, and how to prevent the spending of their dues for union political activities.  However, CSEA union officials did not give public employees any opportunity to object to the special assessment. <\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[888],"tags":[],"class_list":["post-2742","post","type-post","status-publish","format-standard","hentry","category-news"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>28,000 Employees Win Right to Reclaim $3 Million in Illegally Seized \u201cSpecial Assessment\u201d Spent to Oppose Ballot Initiatives - National Right to Work Foundation<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.nrtw.org\/news\/28-000-employees-win-right-to-reclaim-3-million-in-illegally-seized-special-assessment-spent-to-oppose-ballot-initiatives\/\" \/>\n<meta property=\"og:locale\" content=\"es_ES\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"28,000 Employees Win Right to Reclaim $3 Million in Illegally Seized \u201cSpecial Assessment\u201d Spent to Oppose Ballot Initiatives - National Right to Work Foundation\" \/>\n<meta property=\"og:description\" content=\"Download the decision here.   Sacramento, California (March 31, 2008) \u2013 A federal judge has ordered California State Employees Association (CSEA) union officials to offer rebates to up to 28,000 state employees who are not union members. Imposing a \u201cspecial assessment\u201d in addition to mandatory dues, union officials seized an additional 25% of forced union dues to wage their campaign against Governor Arnold Schwarzenegger\u2019s modest reform measures on the 2005 ballot.    The ruling stems from a class-action civil rights complaint, filed by nine state government employees (union members and nonmembers) with free legal assistance from the National Right to Work Legal Defense Foundation. The complaint sought a ruling that would require union officials to give employees due process, including proper financial disclosure, a formal notice that they may reclaim the special assessment spent for electioneering, and rebates, plus interest, to all who request them.    CSEA union officials had imposed on government employees a so-called \u201cEmergency Temporary Assessment to Build a Political Fight-Back Fund\u201d for a broad range of political activities. Union officials openly admitted that the \u201cFund will not be used for regular costs of the union,\u201d but for political advertising, direct mail, and get-out-the-vote activities.    By levying this mid-year \u201cspecial assessment,\u201d CSEA officials illegally jacked up and spent employees\u2019 mandatory payments by between 25-36% without even allowing those employees who were not union members to opt out of paying for such activities. Union officials raised over $12 million through the special assessment and spent many millions more using regular dues. Approximately $3 million of this was taken from nonmembers.   Morrison C. England Jr., a U.S. District Court Judge for the Eastern District of California, noted that \u201ca contrary decision from the one reached today would allow unions to run roughshod over dissenting nonmembers...\u201d CSEA union officials must now provide the nonunion state employees with a financial disclosure, notice that they may object to the use of these forced union dues for political activities, and refunds to all who object in response to the new disclosure.   \u201cAlthough this is an encouraging victory for these employees, this ruling underscores the gross injustice of forced unionism that exists in California,\u201d stated National Right to Work Foundation Vice President Stefan Gleason. \u201cOnly a Right to Work law banning forced union dues altogether will give Golden State employees meaningful protection from similar abuses of their constitutional rights.\u201d   In the Foundation-won U.S. Supreme Court ruling in Chicago Teachers Union v. Hudson, the High Court ruled that public employees have due process rights under the First and Fourteenth Amendments to be notified of how their forced union dues are spent, and how to prevent the spending of their dues for union political activities. However, CSEA union officials did not give public employees any opportunity to object to the special assessment.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.nrtw.org\/news\/28-000-employees-win-right-to-reclaim-3-million-in-illegally-seized-special-assessment-spent-to-oppose-ballot-initiatives\/\" \/>\n<meta property=\"og:site_name\" content=\"National Right to Work Foundation\" \/>\n<meta property=\"article:published_time\" content=\"2008-03-31T13:33:26+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2016-08-09T18:20:22+00:00\" \/>\n<meta name=\"author\" content=\"Legal Information\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Escrito por\" \/>\n\t<meta name=\"twitter:data1\" content=\"Legal Information\" \/>\n\t<meta name=\"twitter:label2\" content=\"Tiempo de lectura\" \/>\n\t<meta name=\"twitter:data2\" content=\"2 minutos\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/www.nrtw.org\\\/news\\\/28-000-employees-win-right-to-reclaim-3-million-in-illegally-seized-special-assessment-spent-to-oppose-ballot-initiatives\\\/#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.nrtw.org\\\/news\\\/28-000-employees-win-right-to-reclaim-3-million-in-illegally-seized-special-assessment-spent-to-oppose-ballot-initiatives\\\/\"},\"author\":{\"name\":\"Legal Information\",\"@id\":\"https:\\\/\\\/www.nrtw.org\\\/#\\\/schema\\\/person\\\/652ac6218a4e5be3b3b21635c118d4cd\"},\"headline\":\"28,000 Employees Win Right to Reclaim $3 Million in Illegally Seized \u201cSpecial Assessment\u201d Spent to Oppose Ballot Initiatives\",\"datePublished\":\"2008-03-31T13:33:26+00:00\",\"dateModified\":\"2016-08-09T18:20:22+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/www.nrtw.org\\\/news\\\/28-000-employees-win-right-to-reclaim-3-million-in-illegally-seized-special-assessment-spent-to-oppose-ballot-initiatives\\\/\"},\"wordCount\":474,\"commentCount\":0,\"articleSection\":[\"News Releases\"],\"inLanguage\":\"es\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/www.nrtw.org\\\/news\\\/28-000-employees-win-right-to-reclaim-3-million-in-illegally-seized-special-assessment-spent-to-oppose-ballot-initiatives\\\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/www.nrtw.org\\\/news\\\/28-000-employees-win-right-to-reclaim-3-million-in-illegally-seized-special-assessment-spent-to-oppose-ballot-initiatives\\\/\",\"url\":\"https:\\\/\\\/www.nrtw.org\\\/news\\\/28-000-employees-win-right-to-reclaim-3-million-in-illegally-seized-special-assessment-spent-to-oppose-ballot-initiatives\\\/\",\"name\":\"28,000 Employees Win Right to Reclaim $3 Million in Illegally Seized \u201cSpecial Assessment\u201d Spent to Oppose Ballot Initiatives - 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Sacramento, California (March 31, 2008) \u2013 A federal judge has ordered California State Employees Association (CSEA) union officials to offer rebates to up to 28,000 state employees who are not union members. Imposing a \u201cspecial assessment\u201d in addition to mandatory dues, union officials seized an additional 25% of forced union dues to wage their campaign against Governor Arnold Schwarzenegger\u2019s modest reform measures on the 2005 ballot.    The ruling stems from a class-action civil rights complaint, filed by nine state government employees (union members and nonmembers) with free legal assistance from the National Right to Work Legal Defense Foundation. The complaint sought a ruling that would require union officials to give employees due process, including proper financial disclosure, a formal notice that they may reclaim the special assessment spent for electioneering, and rebates, plus interest, to all who request them.    CSEA union officials had imposed on government employees a so-called \u201cEmergency Temporary Assessment to Build a Political Fight-Back Fund\u201d for a broad range of political activities. Union officials openly admitted that the \u201cFund will not be used for regular costs of the union,\u201d but for political advertising, direct mail, and get-out-the-vote activities.    By levying this mid-year \u201cspecial assessment,\u201d CSEA officials illegally jacked up and spent employees\u2019 mandatory payments by between 25-36% without even allowing those employees who were not union members to opt out of paying for such activities. Union officials raised over $12 million through the special assessment and spent many millions more using regular dues. Approximately $3 million of this was taken from nonmembers.   Morrison C. England Jr., a U.S. District Court Judge for the Eastern District of California, noted that \u201ca contrary decision from the one reached today would allow unions to run roughshod over dissenting nonmembers...\u201d CSEA union officials must now provide the nonunion state employees with a financial disclosure, notice that they may object to the use of these forced union dues for political activities, and refunds to all who object in response to the new disclosure.   \u201cAlthough this is an encouraging victory for these employees, this ruling underscores the gross injustice of forced unionism that exists in California,\u201d stated National Right to Work Foundation Vice President Stefan Gleason. \u201cOnly a Right to Work law banning forced union dues altogether will give Golden State employees meaningful protection from similar abuses of their constitutional rights.\u201d   In the Foundation-won U.S. Supreme Court ruling in Chicago Teachers Union v. Hudson, the High Court ruled that public employees have due process rights under the First and Fourteenth Amendments to be notified of how their forced union dues are spent, and how to prevent the spending of their dues for union political activities. 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