State Policy Network
Workers win first successful challenges to unconstitutional “window period” schemes designed to block Janus rights

With free legal aid from National Right to Work Legal Defense Foundation staff attorneys, a police clerk in Minnesota and 30,000 civil servants in Ohio are the first to successfully challenge union bosses’ “window period” policies to trap them in forced dues.

In the US Supreme Court’s Janus ruling, briefed and argued by Foundation staff attorneys, the Supreme Court ruled that charging any government employee union fees as a condition of employment violates the First Amendment.

Union officials have resisted the direct challenge to their forced-fees privileges, resorting to tactics such as “window period” schemes in efforts to undermine Janus. With “window period” policies, union officials attempt to block civil servants from resigning their union membership and halting union dues deductions from their paychecks, claiming they can only do so within a window of time—often mere days.

Foundation staff attorneys are litigating several lawsuits to challenge such tactics. Two of those lawsuits have ended in settlements halting union’s “window period” policies.

The first successful challenge was won by Minnesota police clerk Sandra Anderson, quickly followed by a settlement in an Ohio class action lawsuit freeing more than 30,000 workers from a “window period” scheme designed to limit opt-outs to a few days only once every three years.