December 30, 2019
2019 in Review: Wins for worker freedom
Building on the momentum of the historic Janus v. AFSCME US Supreme Court decision, state think tanks across the country worked tirelessly to inform workers of their constitutional rights in 2019. Thanks to these organizations, thousands of public employees were able to choose whether union membership was right for them, and many opted to leave their union and stop paying dues.
Below are a few highlights of worker freedom victories from this year, including several examples of people who now have a voice and choice in union membership. As we look back on these success stories, we’re reminded of how the Network is making a positive impact on the lives of everyday Americans. Congratulations to the organizations working to advance worker freedom in the states—we look forward to even more success in the year ahead!
In May 2019, the Centers for Medicare & Medicaid Services (CMS) issued a finalized rule that prohibits states from skimming money from the Medicaid support checks of in-home caregivers and giving it to third parties. This means the money intended to help America’s sick, elderly, and disabled will no longer be cut short and diverted to unions. This rule represents years of hard work across the Network to highlight the injustice of state governments diverting funds from hardworking Americans to unions via the practice of dues skimming. CMS notes this scheme amounts to about $71 million per year that’s been taken from caregivers, but Freedom Foundation research suggests it could be up to $150 million lost annually by 350,000 in-home caregivers. Moving forward, parents like Pam Harris, Catherine Hunter, Miranda Thorpe, and Robert and Patricia Haynes will no longer be coerced into paying a union just to care for a loved one; rather, they can remain focused on providing expert care with all the money that is intended for them.
In August 2019, Alaska’s Attorney General argued that Alaska is not complying with the Janus decision. The Alaska Policy Forum noted that any action taken by the governor could affect 12,200 state employees. The state will now oversee the process of negotiating union dues to make sure unions are complying with Janus. Alaska workers now have a choice when it comes to union membership—they are no longer forced to pay dues to support union interests and political causes they may not agree with.
Following the Alaska Attorney General’s opinion, the state of Alaska filed a lawsuit in September against the Alaska State Employees Association. Alaska is the first state to move forward on fully implementing the Janus decision. The Alaska Policy Forum has played a big role in informing Alaska workers of their rights.
With canvassing teams spread across several major California cities, the California Freedom Foundation has helped almost 60,000 public employees leave their unions and stop paying dues. Despite harassment by some union representatives, the volunteers continue to grow canvassing teams and inform California public employees of their rights.
Connecticut lawmakers introduced a bill this spring to override the Supreme Court’s decision in Janus v. AFSCME, which restored government workers’ First Amendment rights. The Yankee Institute worked with Representative Craig Fishbein to draft language to mitigate the harmful consequences of the bill. The draft included language to protect the privacy of public workers and ensure employees were not coerced into participating in orientation meetings.
University of Connecticut professor Steven Utke won a settlement against American Association of University Professors union officials for deducting union fees from his paycheck without his consent. The union is returning more than $5,000 in union fees to Utke who was represented by the National Right to Work Legal Defense & Education Foundation.
Center of the American Experiment’s “Educated Teachers MN” project resulted in a union expanding teachers’ annual opt-out period from seven days to 30 days. CAE’s project helped Minnesota teachers evaluate their relationship with the teachers’ union. The campaign has helped free several teachers from financially supporting a union that is not aligned with their values.
National Right to Work Legal Defense Foundation won a settlement for New Mexico information technology worker David McCutcheon and his co-workers, who received over $15,000 in dues refunds seized by the Communications Workers of America (CWA). CWA prevented McCutcheon and his co-workers from exercising their First Amendment right to stop paying union dues.
A union in Ohio is unhappy after Freedom Foundation Ohio won a public-records request to obtain the email addresses of 30,000 state workers in the state. Freedom Foundation noted the intended purpose of obtaining the emails is to notify workers of their constitutional rights. Across the country, Freedom Foundation in California helped a group of 100 lifeguards leave their union. These lifeguards paid hundreds of dollars in dues each year to the California Statewide Law Enforcement Association (CSLEA), even though—for most of the lifeguards—the job is not a year-round position.
In a significant victory for worker freedom, an Ohio union returned improperly seized dues to a public school employee. Donna Fizer, a school bus driver in Ohio, withdrew from her union in 2018, but the union pushed back, telling Fizer she couldn’t leave outside of the 10-day “escape period.” Fizer took her case to federal court, and the union subsequently backed down, returning the dues they improperly took from her. The National Right to Work Foundation and Freedom Foundation both commented on the case. NRTW said this case shows that labor groups should think twice before challenging public workers’ rights. Freedom Foundation noted this case is just the beginning of a major worker freedom movement in Ohio. The Freedom Foundation further discussed this case and their work to educate workers on their rights post-Janus on Ohio Public Television.
Thanks to Freedom Foundation’s efforts to inform employees of their right to leave their government union, the Oregon School Employees Association (OSEA)’s has experienced a 36 percent membership decline since the Janus decision.
The Freedom Foundation won a lawsuit at the Washington Supreme Court in a 5-4 ruling regarding a public records request. A win for transparency, the Court ruled that state employee birth dates are public record. The case was prompted in 2016, when unions filed motions to block disclosure of public records to the Freedom Foundation.
A union in Washington agreed to pay $3.25 million to settle a federal lawsuit alleging that it collected dues from workers without consent. For ten years, SEIU 775 automatically deducted dues from workers who provide home-based care to elderly clients eligible for Medicaid. The Freedom Foundation, who represents some of the workers, called the settlement good news, but pointed out the money is just a fraction of the dues owed.
The Washington State Supreme Court ruled that faculty members from the University of Washington must disclose their emails related to union organizing. The Freedom Foundation filed the public records request in 2015, arguing that emails stored on a public agency server meet the definition of a public record. The decision reinforces the notion that citizens have a right to know what government is doing.
The National Labor Relations Board (NLRB) and National Mediation Board (NMB) implemented extra protections for workers thanks to the National Right to Work Foundation. The NLRB Counsel instructed regional directors to issue complaints when union officials failed to inform employees of the amount of reduced union fees they can pay by objecting to union membership. Union officials are required to do this thanks to the Foundation-won CWA v. Beck decision by the US Supreme Court.
