Four Oregon school employees sue union over resignation restrictions
Ballotpedia has more than a dozen different newsletters. As a subscriber to all of them, I’m always learning something new from each new issue. I was reading Friday’s Union Station newsletter and thought I’d share this story with our Brew audience.
Four Oregon public school employees filed suit Dec. 5 in a U.S. District Court arguing that their union has unconstitutionally denied their resignation requests and is continuing to collect dues against their wishes.
The union's membership agreement states that members may only revoke their dues deduction authorization during a 30-day period in June each year. It also states that members must pay dues for a minimum of one year before resigning. The plaintiffs allege the contract requirements violate their First Amendment rights and run afoul of the Supreme Court's 2018 Janus v. AFSCME decision.
In Janus, 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 the precedent set in Abood v. Detroit Board of Education, which held that non-members could be required to pay fees to a union if those fees were not used for political purposes.
The employees in the Oregon lawsuit all work for Hillsboro United School District in Hillsboro—which is the fifth largest city in the state and is located about 15 miles northwest of Portland. The plaintiffs are being represented by attorneys from the Freedom Foundation, a nonprofit organization whose self-described aim is "to reverse the stranglehold government unions have on our state and local policymaking."
The defendants are the American Federation of Teachers (AFT), the Oregon state chapter of the AFT, AFT Local 4671, and the school district. According to a report 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.
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