It is now settled law that public employees cannot be forced to pay dues to a union as a condition of employment. American Federation of State, County and Municipal Employees (AFSCME) Local 3930 and the State of California don’t seem convinced. Neither does a federal judge. On June 15, a U.S. District Court for the Central District of California rebuked an Orange County home care provider, Maria Quezambra, in her quest to recoup dues collected by the union via the State of California over six years despite clear evidence that someone at the union had forged her signature to establish membership. A week later, she filed an appeal. The larger issue, in light of the Supreme Court’s 2018 ruling in Janus v. AFSCME Council 31, is the corrupt practice of government agencies allying themselves with the very unions with whom they bargain.
The U.S. Supreme Court’s Janus decision was … Read More ➡
Service Employees International Union Local 775, it seems, would do anything for a buck, including collecting dues from a former member. It’s now learned its limitations. On March 29, the Seattle-based union reached an out-of-court agreement with a Spokane home caregiver, Cindy Ochoa, following its admission that one of its canvassers had forged her signature on a membership card. Ochoa, with the help of a nonprofit legal group, the Freedom Foundation, had filed a lawsuit in federal court in October alleging the union had violated her First Amendment rights, unlawfully withheld part of her wages, and caused emotional distress. Local 775 agreed to pay $15,000 in damages to her and $13,000 to the foundation to cover legal fees, plus send her a written apology.
SEIU Local 775 represents more than 45,000 long-term health care providers in Washington State and Montana, many of them operating out of their homes on behalf … Read More ➡
Few things say “money in the bank” to a public-sector union quite like Medicaid. A proposed federal rule would end this freebie. On July 12, the Department of Health and Human Services (HHS) posted a Notice of Proposed Rulemaking to bar states from using Medicaid funds as a source of dues for unions representing home health care providers. Workers still would have the right to join a union. But non-joiners no longer would be captive of a state agency deducting dues and forwarding them to a union. Over a dozen states now engage in this practice. For organized labor, this arrangement generates around $200 million a year. That’s why unions and the states are resisting the proposed rule in the aftermath of the Supreme Court’s Janus ruling in June. A recent development in Washington State has strengthened the hand of reluctant dues payers while the department finalizes its rule.… Read More ➡