On June 27, the U.S. Supreme Court declared forced union fees
violate the First Amendment rights of government workers.
And some state workers are already taking home more money.
Prior to the court’s decision, Illinois state workers who opted out of union
membership still had to pay “fair share” fees to the union. Those fees totaled
over $700 a year on average, according to an email sent by the Illinois
Department of Central Management Services to state employees on June 27.
But after the court ruled in Janus v. AFSCME that those fees violate workers’
rights, the state announced it would stop deducting fair share fees from workers
who had already opted out of the union.
These state workers have already seen a difference in their most recent
paychecks, as the state is no longer deducting fees on behalf of the union. That
means more money goes into workers’ pockets – at no additional expense to
taxpayers.
Beyond fair share fees, the state could stop collecting money on behalf of
unions from all state workers – not just nonmembers. The Supreme Court held that
employees must “clearly and affirmatively consent” before any fees are taken
from their paychecks. That signifies government employees must actively opt into
union membership, potentially relieving millions of workers from the cumbersome
obligation of “opting out.”
It should not matter whether a worker previously signed a membership card or
authorized a dues deduction, because the conditions of membership versus
nonmembership were different. Those who chose to be members were not presented
with constitutional options, meaning that consent was not fully informed.
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Employees who opt out of the union will receive the
same employment benefits that union members receive, such as health
care benefits and retirement benefits. This is hardly a “free rider”
situation – Illinois unions fought for the right to monopoly
bargaining powers on behalf of all government workers, members and
nonmembers alike.
The Janus decision gives more than 5 million government workers –
including hundreds of thousands in Illinois – a choice on where to
spend their hard-earned money, recognizing their fundamental rights
to freedom of speech and freedom of association.
The Supreme Court in its opinion recognized that unions are
political organizations and that forcing government workers to
support unions financially amounts to coerced political speech. The
political nature of unions is evident in the fact that over the past
10 years, the American Federation of State, County and Municipal
Employees headquarters spent more money on political activities and
lobbying efforts than it did on representing public employees.
Before the Janus ruling, public employees were forced to support the
union even if they disagreed with its politics.
If you are a government employee in Illinois and would like to
exercise your rights to opt out, you can find more information at
leavemyunion.com.
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