National Right to Work Foundation brief filed with 9th Circuit Court of Appeals says union bosses should not keep dues seized in scheme ruled unconstitutional by U.S. Supreme Court in Foundation-won Harris case
San Francisco CA (January 11, 2017) – The National Right to Work Legal Defense Foundation has filed an amicus curiae brief with the Ninth Circuit Court of Appeals in Hoffman, Routh, Eby, Olson v. Inslee in support of homecare workers in the state of Washington seeking a return of illegally seized union fees. The providers bringing the case are among the thousands of personal care provers in Washington State who had union dues illegally confiscated from them in a mandatory union dues scheme later ruled unconstitutional by the United States Supreme Court.
The United States Supreme Court outlined these rights in Harris v. Quinn, argued and won by Foundation staff attorneys in 2014. Harris held that the collection of forced union dues from home-based caregivers violated their First Amendment rights. The ruling struck down the scheme in Illinois, but the precedent established rendered similar schemes in other states, including Washington, unconstitutional.
In the amicus brief, Foundation attorneys argue that under Harris v. Quinn the Service Employees International Union (SEIU) has no lawful authority to take the provider’s money and that now SEIU officials have no more right to keep the money than any individual or business that illegally confiscates money from a victim against their will.
“It is outrageous that forced dues seized under a scheme struck down by the Supreme Court in Harris v. Quinn have not yet been returned to the victims of the SEIU’s unconstitutional forced dues scheme,” said National Right to Work Foundation President Mark Mix. “SEIU bosses have no more right to these providers’ money than a thief has to keep the money stolen during an armed robbery.”
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 more than 250 cases nationwide per year.