Saturday, September 28, 2019

2018 Supreme Court decision declared mandatory union dues, fees unconstitutional

In response to the ruling, states around the country allowed employees to opt out of union membership.

"When the new system is in place, it is anticipated that State employees will be able to choose to be represented by a union or not represented by a union at any time," an FAQ read. The executive order comes one month after Alaska attorney general Kevin Clarkson recommended the institution of an opt-in system in order to ensure that the state complied with Janus.

When agencies stopped collecting fees from opted-out employees, unions threatened to sue the state.

Clarkson filed a lawsuit on Sept. 16 asking the state superior court to confirm that agencies should stop deducting dues from paychecks "Upon a direct request from an employee." State unions counter-sued, arguing that the policy violated collective bargaining agreements.

"Governments can never just assume that an individual has waived their constitutional rights, and the opt-in process set up by the State of Alaska ensures that the state only takes dues from workers who clearly acknowledge that they have a First Amendment right not to fund union activities but that they don't want to exercise it," he said.

Labor leaders criticized the governor's decision as an "Extreme attack on Alaska state employees."

A number of current and former government employees have launched class action lawsuits against state and local governments to recover back dues and damages from public sector agencies and unions.


https://freebeacon.com/issues/alaska-institutes-opt-in-unions/

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