Supreme Court Considers Second Mark Janus Suit to Recover Dues

Mark Janus is seeking to complete his mission. And the U.S. Supreme Court soon will let him and other dissenting public-sector union members know where they stand. Two weeks from now, on June 18, the High Court will decide whether to grant legal standing to a petition by Janus, a former Illinois state employee, to recover dues payments dating back several years collected by an affiliate of the American Federation of State, County and Municipal Employees (AFSCME). Two years earlier the Court concluded that a government employee union cannot deduct partial dues (“agency fees”) from a nonmember paycheck without the affirmative consent of the employee. A grant of certiorari could open the door to similar nonmember actions, including a class action suit in Minnesota seeking a $19 million refund on behalf of about 8,000 employees.  

Until the Supreme Court’s 2018 decision in Janus v. AFSCME Council 31, state and … Read More ➡

NLRB General Counsel Rules on Behalf of Harassed Workers

Pressuring employees into giving a union permission to deduct dues from paychecks is a common practice. This “dues checkoff,” however, soon may become uncommon. On July 12, the National Labor Relations Board’s Office of the General Counsel, in separate cases, announced that it had ruled on behalf of two workers who refused to sign dues authorization forms as a condition of employment. The employees, Kacy Warner, a Kansas City-area nurse, and Shelby Krocker, a West Virginia supermarket employee, each experienced union retaliation. Their cases previously had been dismissed by an NLRB regional office. The West Virginia case is especially disturbing because the legislature in that state a few years ago enacted a Right to Work law barring unions from exacting such payments.

Kacy Warner is a nurse at Research Medical Center in Kansas City, Missouri who was dissatisfied with the representation that she and fellow employees had been getting from … Read More ➡

NLRB Rules in Favor of Dissenting Disney World Teamsters

A union can be counted on to react poorly in the face of news that its members are leaving. It may even break the law to prevent attrition. On June 20, the National Labor Relations Board, upholding an administrative court ruling, ordered International Brotherhood of Teamsters Local 385 to reimburse former members for dues deducted from their paychecks after those members had submitted resignation requests. Moreover, concluded the NLRB, the union must post a message on its premises informing workers of their right to withdraw their consent to be represented. The decision was handed down amid allegations by members of the Orlando, Fla. local that their leaders have stolen funds and covered up the thefts. The international union is investigating these charges.

Teamsters Local 385 represents bus drivers and costumed characters at Walt Disney World. Yes, even Goofy, Donald Duck and Mickey Mouse, and the transporters of tourists to … Read More ➡