What Can I Do to Take Advantage of a Possible Victory in Janus?

On February 26, 2018, the United States Supreme Court heard oral argument in a case called Janus v. AFSCME, which challenges mandatory union fees for public employees as a violation of the First Amendment. If the Supreme Court agrees with Janus and his Foundation staff attorneys, the ruling would be a precedent protecting every public employee nationwide, including teachers, police officers, firefighters, and state, county and city employees, from being forced to subsidize any union activity as a condition of public employment. To learn more about Janus click here. The Court may issue its decision at any time between now and June 29, 2018.

Is There Anything a Nonmember Should Do Before the Janus Ruling?

Yes. If nonmembers are having mandatory union fees deducted from their wages, they should check to see whether they previously signed a dues deduction agreement that authorizes those deductions. These agreements are not present in most jurisdictions—the government just unilaterally seizes union fees from nonmembers’ paychecks without their authorization. But some jurisdictions either permit or require that nonmembers sign agreements that authorize the deduction of union dues or fees from their paychecks. If you have signed such a form, you should request a copy of the form from your public employer or union and check to see whether it contains any restriction on your right to revoke it. If it does have language limiting your right to revoke, before you take any action you should contact a Foundation staff attorney for advice how to deal with it. You can contact us toll free at 1-800-336-3600, or via email to [email protected], or by clicking here.

Is There Anything a Nonmember Should Not Do Before the Janus Ruling?

Yes. Do not sign any document that authorizes the deduction of any union dues or fees that limits your right to revoke that authorization at any time. For example, your union may attempt to have you to sign a dues deduction authorization that is irrevocable for one year and only during a specified narrow window period. If the union or your employer requires you to sign a new dues deduction authorization against your will, cross out any language that limits your right to revoke it and write “Signed Under Protest” next to your signature. If possible, make a copy of the document before giving it to the employer or union and keep that copy with your important papers. If your public employer or union asks (but does not require) you to sign new paperwork, read it carefully and remember that you likely have the right not to sign any such new documents, and that is what you should do – do not sign it. If you are unsure of the meaning of any new documents, get a copy of what you are being asked to sign and feel free to contact the National Right to Work Foundation for advice toll free at 1-800-336-3600, or via email to [email protected], or by clicking here.

Would a Janus Victory Automatically Apply to Union Members?

No. To take advantage of a Supreme Court ruling ending forced fees in the public sector, you must be a nonmember of the union. Union members are considered to have joined the union and agreed to pay full union dues “voluntarily.” However, union members have the right to resign their union membership at any time, And, after resigning former members have the right, while waiting for the Supreme Court’s Janus ruling, to pay only the portion of union dues that is spent on bargaining-related activities. Thus, even now, union members, by becoming nonmembers, can immediately stop supporting and paying for their union’s political and other nonbargaining activities. To learn how to do this, click here.

Is There a Form Union Members Can Use to Resign and Be Ready to Take Advantage of a Supreme Court Ruling Ending Public-Sector Forced Fees?

Yes. A form union members who wish to become nonmembers can fill out to generate their resignation and objection letter to send to their union and public employer is available here.

Are Union Officials Utilizing Schemes Designed to Limit the Ability of Public-Sector Employees to Take Advantage of a Janus Victory?

Yes. Fearing a ruling against forced union fees, union officials are responding with schemes designed to limit the ability of public-sector employees to exercise their legal right not to pay union dues or fees. In some instances, union organizers are pushing employees to sign cards that authorize dues payments in perpetuity “irrespective of union membership” unless the employee revokes the authorization in a union-determined short period. Such limiting language may look like this: “This authorization shall remain in effect and shall be automatically renewed from year to year, irrespective of my membership in the union, unless I revoke it by giving written notice to both my employer and the local union during [a specified period].” Such language may seem innocuous, but is craftily designed to try and lock public-sector employees into paying dues even if they wish to cease paying after a Supreme Court ruling ending public-sector forced fees.

Although Foundation staff attorneys question the legality of such cards, employees that sign such cards could limit their legal options later. Public-sector employees should be very cautious about signing anything from a union, no matter the reason union officials give. In many documented instances, especially during coercive union card-check campaigns, union organizers have solicited signatures under misleading or false pretenses.

More information about this problem can be found here.

Is There an Organization That Can Help Me Achieve My Janus Rights?

Yes. For five decades, National Right to Work Foundation attorneys have worked in the courts and administrative tribunals to protect and expand the rights of individual employees to refrain from compulsory unionism and forced fees. The Foundation is the nation’s premier organization exclusively dedicated to providing free legal assistance to employee victims of forced unionism abuse. The Foundation takes no position about how you should exercise your right to join or refrain from joining a union or whether to financially support or refrain from supporting a union. The Foundation simply wants all employees to be able to make these choices knowingly in an atmosphere free of restraint, threats, and coercion. The Foundation believes these choices should be made by the employee, not the government, public employer or union. Every employee should know that they can turn to the Foundation for free legal advice, and assistance if necessary, in fighting forced unionism. If you want to know more about the Foundation, click here.

If you want to learn more about your legal rights, go to the Foundation’s “Know Your Rights” page by clicking here, or contact a National Right to Work Foundation staff attorney toll free at 1-800-336-3600, or via email, or by clicking here.