New rule ensures state employees give affirmative and knowing consent before dues are collected from their paychecks
Juneau, AK (September 27, 2019) – Yesterday Alaska Governor Mike Dunleavy announced an executive order to help protect the First Amendment rights of all state employees under the 2018 Janus v. AFSCME Supreme Court decision. Under the new rule, the State of Alaska 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.
In Janus, the Supreme Court ruled that government workers cannot be required to pay union dues or fees and further recognized that the First Amendment is violated when any such payments are collected absent a worker’s clear and knowing voluntary consent.
National Right to Work Foundation President Mark Mix lauded Alaska’s defense of state workers’ First Amendment rights:
“Every American employee deserves the right to choose, free of coercion or manipulation, who will be his or her voice in the workplace. The Supreme Court in Janus extended this freedom to all public sector employees, and Alaska took a major step forward yesterday in protecting the First Amendment rights of state employees recognized in Janus.
Alaska is proactively ensuring workers are not relinquishing their First Amendment rights absent the clear and knowing voluntary waiver required by the Janus precedent. We urge other states to follow Alaska’s lead and prioritize the constitutional rights of state employees under the Janus precedent.”
Janus was argued and won by Foundation staff attorneys in 2018. Days after the ruling came down, Foundation Legal Director Raymond J. LaJeunesse sent a letter to then-Alaska Department of Administration Commissioner Leslie Ridle and 20 other payroll managers in states with forced union dues for government employees urging them to fully comply with the decision by stopping payments unless employees have given a knowing waiver of their First Amendment right not to fund union activities. The letter points out that the Supreme Court’s decision specifically held that a waiver of such rights “’cannot be presumed[,’ r]ather, to be effective, the waiver must be freely given and shown by ‘clear and compelling’ evidence.”
LaJeunesse’s letter also asserted that, if state comptrollers did not comply with Janus, “Foundation staff attorneys will bring a civil rights action seeking class-wide injunctive relief.” To date, Foundation staff attorneys have filed over 30 lawsuits seeking to enforce workers’ rights under the Janus precedent.
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.