Union Station: September 28, 2018

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On June 27, the Supreme Court issued its 5-4 ruling in Janus v. American Federation of State, County, and Municipal Employees (Janus). The court ruled that public sector unions cannot require non-member employees to pay agency fees to cover the costs of non-political union activities.

Most state legislatures have either adjourned for the year or are in recess. This week, we take a closer look at a new lawsuit filed in Pennsylvania, where a school bus driver is suing for a refund of dues automatically deducted from his paycheck and paid to his former union after his resignation earlier this year.

• On Sept. 26, Michael Mayer, a school bus driver for Pennsylvania's Wallingford-Swarthmore School District, sued his employer and his former union, Teamsters Local 312, in U.S. District Court for a refund of dues automatically deducted from his paycheck after his resignation from the union July 20. Mayer also argued that a state law limiting the time period during which a member can resign from a union violates the U.S. Constitution in light of Janus. (Source: Law360)
  • The suit alleges "defendants have enforced, are enforcing and will continue to enforce, through automatic seizures, compulsory unionism requirements contained in a collective bargaining agreement between the district and Local 312 to collect union dues and/or 'fair share' or agency fees from plaintiff, in violation of [Mayer's] constitutional rights."
    • The National Right to Work Legal Defense Foundation, which represented Mark Janus in the Janus case, is also representing Mayer. (Source: National Right to Work Legal Defense Foundation)
  • Teamsters officials declined to accept Mayer's resignation because he submitted it outside the resignation period provided for in the state's Public Employee Relations Act. The Act states union members may only resign within 15 days before a new contract is signed. As of Sept. 27, neither the Teamsters nor school district officials had publicly commented on Mayer’s lawsuit.

What we've been reading:

• WDEL, "Buckeye Institute appeals forced union representation decision," Sept. 27, 2018
• The Sacramento Bee, "AFSCME 3299 alleges UC violates laws with union-busting tactics, plans strike vote," Sept. 26, 2018
• Minnesota Public Radio, "One week window opens for teachers to opt out of union dues," Sept. 26, 2018
• Bloomberg, "Besieged American Unions Face New Conservative Legal War," Sept. 24, 2018
• The Heartland Institute, "Ohio School Teacher Sues for Freedom from Union Dues," Sept. 22, 2018

The big picture

States in session: As of Sept. 28 state legislatures in Massachusetts, Michigan, New Jersey, Ohio, Pennsylvania, and Virginia were in session. The remaining state legislatures have either adjourned or are in recess.

Number of relevant bills by state

As of Sept. 28, we are tracking 200 pieces of legislation dealing with public-sector employee union policy. No new bills were tracked this week. On the map below, a darker shade of green indicates a greater number of relevant bills. Click the map for complete information.

Number of relevant bills by current legislative status

Number of relevant bills by partisan status of sponsor(s)

Recent legislative actions

Ballotpedia tracked no legislative actions related to public-sector union policy this week.

See also

• Public sector union policy in the United States