Earlier this year, the United States District Court for the Western District of Washington held that union members who authorized the deduction of dues from their wage cannot claim a First Amendment violation. Belgau v. Inslee, 2018 U.S. Dist. LEXIS 175543.  The court dismissed the plaintiffs’ claims, finding that they voluntarily authorized the deduction of dues and were not coerced.

Plaintiffs, AFSME union members working for the State of Washington, filed this class action claiming that their 1st amendment rights were being violated by the deduction of fees from their wage after Janus v. AFSCME, Council 31. In July 2017, the Union began using a new membership agreement, which included a one-year dues payment commitment. Members were not required to sign it. Each of the plaintiffs signed the agreement.  According to the court, this agreement between the members and AFSCME was evidence of a voluntary decision to authorize deduction of union dues.  The Court distinguished Janus based on employees’ decision to sign the dues card.

It is important to note this decision is not binding on state or federal courts in Ohio.  Not surprisingly, some unions are using this decision to formulate new membership agreements that seek to bind employees to pay union dues for a specific period.  In addressing this issue, public employers should consider the following:

  1. Do not agree to include union dues deduction cards as part of the collective bargaining agreement. By keeping these agreements between the members and the union, it is less likely the agreement will be binding on the employer.
  2. Do not ignore verbal or written requests from employees who desire to cease paying dues. Employers can request employees to put the request in writing but a verbal request likely is enforceable.
  3. Inform the union of any employee requests to cease paying union dues.
  4. Maintain maximum flexibility in the collective bargaining agreement. As more challenges to paying union dues are brought to court, public employers need the ability to comply with those decisions.

FDAR will continue to monitor these cases as they are filed.  Please contact us at info@fisheldowney.com if you have any questions.