Your Rights to Opt Out of Union Dues
Public Sector Employee
In June 2018, The Supreme Court ruled by a 5-to-4 vote in favor of the plaintiff in Janus v. AFSCME. This means that the court recognized that the extraction of agency fees from non-consenting public sector employees is a violation of the First Amendment. As a result, the services provided to public sector employees by Choose Charity are no longer necessary. So if you are a non-member and a public employee and do not wish to pay any portion of your union dues, including agency/fair-share fees, you should contact your union directly. They are not legally permitted to collect fees of any kind from you without your express consent.
The paragraph below is a sample that you can provide to your union and employer:
On June 27, 2018, the U.S. Supreme court delivered its ruling on Janus v. American Federation Of State, County, And Municipal Employees, Council 31, et al. This decision overruled Abood v. Detroit Bd. of Ed., 431 U. S. 209 (1977). The Court held that States and public-sector unions may no longer extract agency fees from non-consenting employees. Any procedure extracts or in any way obtains agency fees from an employee without his or her consent, violates the First Amendment and cannot continue. Neither an agency fee nor any other payment to the union may be deducted from a nonmember’s wages, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay. Based on the Court’s language, please take notice that I hereby withhold my consent to the extraction of such fees from my paycheck.
Or feel free to contact Pacific Justice Institute at 916-857-6900, with any questions you may have — or if you have any pushback when you withdraw your consent.
Private Sector Employee
If you are a private sector employee who would like to opt out of union dues, please contact Pacific Justice Institute.
Request for Legal Assistance
Business Leader or Employee
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Pacific Justice Institute Offices
Sacramento Legal Office
P.O. Box 276600
Sacramento, CA 95827
Phone: 916-857-6900
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Santa Ana, CA 92711
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Cal Baptist University
Phone: 714-294-2205
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