Even if a state law or contract between your public employer and a union contains a provision requiring you as a nonmember to pay union fees, you have no obligation to pay those fees because that state law or contractual provision is unconstitutional under the U.S. Supreme Court’s Janus v. AFSCME decision
However, if you signed a deduction (“check-off”) authorization, that authorization may contain a limitation on when it can be revoked. In that event, you should request the advice of a Foundation attorney as to whether the limitation can lawfully be enforced.
If you would like to see a sample union resignation and dues check-off authorization letter for public employees, click here. If you decide to revoke your check-off authorization, keep copies of your letters for your records. You should send such letters by certified mail, return receipt requested, so that the union and employer cannot claim that they did not receive them.
If the union and/or employer do not honor your resignation and/or dues deduction revocation, you should contact the Foundation immediately if you want assistance. There may be a time limit on when claims of violation of your rights may be filed, so it is important to pursue claims promptly.
If you would like to learn more about your rights as a state or local government employee, click on the appropriate question below:
- Can I be required to be a union member or pay dues to a union?
- How can I resign my union membership and stop paying union dues?
- I am a nonmember but authorized deduction of union fees. how can I stop the deductions?
- How do I cut off the use of my dues for politics and other nonbargaining activities?
- What if I have religious objections to joining or financially supporting a union?
- What if I am a victim of union violence?
- What if I want to work during a strike?