The employees allege that the union has collected dues against their wishes; plus, a look at articles we've been reading.
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Welcome to _Union Station_, our weekly newsletter that keeps you abreast of the legislation, national trends, and public debate surrounding public-sector union policy.
** FOUR OREGON PUBLIC SCHOOL EMPLOYEES SUE UNION OVER RESIGNATION RESTRICTIONS
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On Dec. 5, four Oregon public school employees filed suit ([link removed]) in U.S. District Court alleging that their union has unconstitutionally denied their resignation requests, continuing to collect dues against their wishes.
WHO ARE THE PARTIES TO THE SUIT?
Plaintiffs Dori Yates, Claudia Strickland, Tonya Sevilla, and Linda Newton work for Hillsboro United School District. They are being represented by attorneys from the Freedom Foundation. The defendants are the American Federation of Teachers, the Oregon state chapter of the AFT, AFT Local 4671, and the school district.
* The Freedom Foundation ([link removed]) is a nonprofit organization whose self-described aim is "to reverse the stranglehold government unions have on our state and local policymaking."
* According to a report ([link removed]) filed with the U.S. Department of Labor, the Oregon state chapter of the AFT had 9,085 full dues-paying members as of Sept. 28, 2018.
WHAT IS AT ISSUE?
The union's membership agreement states that members may only revoke their dues deduction authorization during a 30-day period in June each year. The membership agreement also states that members must pay dues for a minimum of one year before resigning. The plaintiffs allege these provisions constitute compelled speech and association, a violation of the First Amendment and the precedent established last year in _Janus v. AFSCME_.
* In Janus v. AFSCME ([link removed]) , the Supreme Court ruled that unions cannot require non-member employees to pay agency fees covering the costs of non-political union activities. This overturned an earlier precedent, Abood v. Detroit Board of Education ([link removed]) , which held that non-members could be required to pay fees to a union if those fees were not used for political purposes.
WHAT ARE THE REACTIONS?
* In a press release, Rebekah Millard, an attorney for the plaintiffs, said ([link removed]) , "The issue is the union isn't even following the terms of their own cards, which are contradictory. Instead of letting members out either a year after they signed a membership card or every June, they're saying both rules apply and keeping people in for the maximum amount of time, which can be months longer than would be the case if they applied just one 'window.'"
* As of Dec. 12, neither union representatives nor school officials have publicly commented on the lawsuit.
CASE INFORMATION
The case name and number are Yates v. American Federation of Teachers ([link removed]) , 3:19-cv-01975-SB. The case has been assigned to Judge Stacie Beckerman ([link removed]) , a magistrate judge ([link removed]) of the U.S. District Court for the District of Oregon.
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** WHAT WE'VE BEEN READING
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* The Gazette, "Democratic presidential hopefuls compete for labor backing at Cedar Rapids event," Dec. 9, 2019 ([link removed])
* Maine Wire, "Leg Council rejects crucial workforce development bill, denies public employees their First Amendment rights," Dec. 6, 2019 ([link removed])
* The News Tribune, "The wait is over. No more compulsory public-employee union fees in Tacoma and beyond." Dec. 4, 2019 ([link removed])
* Newsmax, "Man Who Won Anti-Union Case Seeks Retroactive Refund," Nov. 25, 2019 ([link removed])
* Bloomberg Law, "Union Defense Holds in Fee Clawback Suits as More Tests Loom," Nov. 20, 2019 ([link removed])
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** THE BIG PICTURE
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** _NUMBER OF RELEVANT BILLS BY STATE_
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We are currently tracking 107 pieces of legislation dealing with public-sector employee union policy. On the map below, a darker shade of green indicates a greater number of relevant bills. Click here ([link removed]) for a complete list of all the bills we're tracking.
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** RECENT LEGISLATIVE ACTIONS
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No legislative actions have occurred since our last issue.
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