What does the Janus v. AFSCME decision mean?

Janus v. AFSCME is about restoring freedom to government workers. It is about giving government workers a voice and a choice.

The case was brought by Mark Janus, a child support specialist for the state of Illinois. Like many other government workers, Mark loved his job and worked hard for the state. But he didn’t agree with the politics and policies of his union. And he didn’t think he should be forced to give money to the union just to keep his job.

But for 40 years, government employers and government unions colluded to force government workers into an unfair choice: Pay the union, or lose your job.

Mark challenged that unconstitutional choice – and won.

That means government workers finally get to choose where to direct their hard-earned money.

Unless an employee gives clear and affirmative consent, it is unconstitutional for an employer to transfer any dues or fees from the employee’s paycheck to the union.

Any prior “consent” is not valid because it was based on an unconstitutional choice: pay dues to the union and become a member, or pay fees to a union and remain a nonmember. That means employers should cease deducting any dues or fees immediately.

But some employers may not act quickly, and the unions will attempt to delay or thwart such efforts. To ensure your dues or fees stop in a more timely manner, we encourage government employees to alert their unions and their employers that they consider themselves nonmembers, and the dues or fees must stop immediately.

Why would I want to end my union dues or fees?

The choice of whether or not to fund a union is a deeply personal one. Government workers who have chosen not to be union members have done so for a number of reasons, including the following:

• Illinois government unions spend too much money on political causes.
• The union isn’t representing me well.
• I would like freedom to make choices that benefit my family and me without fear of union punishment.
• My family budget is tight, and it would really help if the union wasn’t taking dues money from me every paycheck.

Illinois’ government unions spend too much money on political causes.

Unions are inherently political. And member dues fund politicians and causes that workers may oppose. Opting out allows you to determine where your hard-earned money goes.

Take a look at the following examples from four of the main government unions in Illinois and their national counterparts:

American Federation of State, County and Municipal Employees Council 31/AFSCME headquarters:

• AFSCME Council 31 and AFSCME headquarters spend millions on politics. Between 2013 and 2017, they spent over $213 million on political activities and lobbying.
• AFSCME headquarters frequently spends more on politics than it does on representing workers. Federal reporting documents reveal that AFSCME headquarters spent, on average, over $50 million a year on political activities and lobbying in the last 10 years – but under $42 million a year on representational activities.
• Council 31’s PAC spends millions on Illinois Democrats. Between 2013 and 2017, it directed over $6.8 million to election committees and other political action committees in Illinois. Of that amount, 74 percent was directed toward Democratic committees or organizations, with just 6 percent toward Republican committees or organizations. The remainder went to committees or organizations not necessarily tied to a political party.

Illinois Federation of Teachers/American Federation of Teachers

• IFT and AFT spend millions on politics. Between 2013 and 2017, IFT and AFT spent over $164 million on political activities and lobbying.
• AFT sends millions of dollars to its political account. In the 2016 election cycle, AFT PAC’s contributions to federal candidates topped $1.7 million to Democrats, including Hillary Clinton, Rep. Nancy Pelosi, D-Calif.; Sen. Tammy Duckworth D-Ill.; and Sen. Chuck Schumer, D-N.Y. It spent just $5,500 on Republican candidates.
• IFT sends millions to Chicago affiliates – but a relative pittance to downstate affiliates. In 2016 , IFT sent over $2.5 million to the Chicago Teachers Union and over $962,000 to other affiliates in Chicago and the Chicago suburbs for representational purposes – but less than $81,000 to affiliates south of I-80.

Illinois Education Association/National Education Association

• IEA and NEA spend millions on politics. Between 2013 and 2017, IEA and NEA spent over $219 million on political activities and lobbying.
• NEA has been known to spend more on politics than on representing workers. Federal reporting documents reveal that twice in the last five years, NEA has spent more on political activities and lobbying than it has on representational activities.
• IEA’s PAC spends millions on Illinois politics. Between 2013 and 2017, it directed over $11.3 million to election committees and other political action committees in Illinois.

With over 40 percent of union households voting Republican in the last presidential election, the unions’ reported spending appears inconsistent with the political leanings of many rank-and-file members.

The union isn’t representing me well.

There’s a good chance you never voted for your union. In fact, many of Illinois’ government worker unions were in place before current workers were even born.

Perhaps the union failed to provide adequate support when you filed a grievance. Maybe the union’s priorities no longer reflect the priorities of its members. Or perhaps you don’t oppose the politicians the union supports, but think the union’s job is to represent you – not to engage in highly political activities.

Opting out allows you to retain your dues if you don’t think the union is representing you well. And it sends a message that the union needs to work harder to support the workers it represents.

I would like more freedom to make choices that benefit my family and me – without fear of union punishment.

Government worker strikes are not uncommon in Illinois. In fact, the state is home to two of the nation’s biggest government worker strikes in the last decade.

And that means government workers in Illinois frequently have to make an intensely personal and stressful decision: 1) Go to work and get paid – and risk fines or other punishment by the union, or 2) Go on strike – and risk not only your paycheck, but, unbeknownst to many workers, maybe even your job.

Because the union has no disciplinary authority over nonmembers, opting out provides you more freedom to make the choice that is best for you and your family.

My family budget is tight, and it would really help if the union wasn’t taking dues money from me every paycheck.

An Illinois government worker directs hundreds of dollars – or more – every year to his or her government union. That is money the worker earns, but never gets to see.

Opting out of the union allows you to keep more of your hard-earned money.

What happens if I am not a member of the union?

Nonmembers do not pay any fees to the union. But you are guaranteed the benefits provided in the collective bargaining agreement.

That’s because decades ago, Illinois’ government worker unions lobbied for the exclusive right to represent all public workers – both members and nonmembers. And that means you retain all benefits provided in your collective bargaining agreement.

Examples may include the following:

• Salary and raises
• Health insurance
• Pension
• Vacation days, holidays
• Overtime pay
• Seniority
• Leaves of absence (including sick leave)
• Representation in a grievance

On the other hand, nonmembers are not entitled to perks guaranteed to members through the union’s internal rules or membership agreement. Examples may include:

• Voting (on ratification of contract, strike authorization, etc.)
• Holding union office or representing the union as a delegate to the convention
• Utilizing union-negotiated discounts (for things such as additional life insurance, health clubs, tickets to events, etc.)
• Maintaining any liability insurance the union provides, as opposed to insurance provided by the government employer
• Receiving newsletters or other union publications
• Attending special union events (such as meetings, picnics, Christmas parties, etc.)

Which workers does the Janus case help?

The Janus v. AFSCME decision applies to government workers at the state and local level. These workers include teachers in public schools as well as workers employed by cities, towns, villages, counties, townships or the state.

It does not apply to federal government workers or workers in the private sector.

I keep hearing about “free riders” – what does that mean?

Government unions claim that providing workers with a choice whether to pay fees to a union will produce “free riders” – workers who reap the benefits of union representation without paying for it. But that claim is disingenuous.

What the government unions really want is absolute control over workers, even if it means some workers don’t pay for representation.

First, government unions in Illinois lobbied for the right to represent all workers – not just members. Unions such as AFSCME lobbied for – and won – the monopoly on representing workers. Some even wrote the laws that gave them this power.

Second, government unions fight against legislation that would allow non-dues-paying workers to represent themselves and stop being subject to union representation.

Unions want complete dominance over the workforce. Government workers who don’t want the unions’ control over their livelihoods shouldn’t be forced to pay for it.

How do I tell my employer and union to stop deducting dues or fees?

Prior to Janus, the opt-out process varied depending on the union, and some unions negotiated provisions that restrict opting out to certain times of the year.

But in general, opting out required the following steps:

While the Janus decision makes many “opt out” procedures obsolete, you may want to comply with past procedures to ensure your dues or fees stop in a timely manner.

If your union or employer denies your request and you would like additional information, feel free to email us at help@leavemyunion.com or call (630) 448-0016.

When can I end my union dues or fees?

You can resign from the union at any time by following Step 1

Some obsolete “opt out” procedures place limits on when you can execute Step 2:

For example, the Chicago Teachers Union limits Step 2 to the month of August, per its collective bargaining agreement with Chicago Public Schools. Similarly, many affiliates of the Illinois Education Association require that the revocation of dues deduction authorization under Step 2 be received before Sept. 10 or Sept. 15 in order to be effective for the coming school year.

What does that mean? It means that while you may no longer be a member of the union (Step 1), your employer could continue to deduct dues or fees – and transmit them to the union – if you did not revoke your dues authorization (Step 2) in the appropriate time period.

Under Janus, such opt-out windows should no longer be constitutional. But because unions may attempt to enforce them, workers may want to mail opt-out letters within any timelines previously dictated by the unions.

For assistance in determining the time frame to revoke your dues deduction authorization, feel free to contact us at help@leavemyunion.com.

Do I need to do anything if I am already a fair share payer?

If you think you are a fair share payer but aren’t sure, we encourage you to complete both Steps 1 and 2.

If you know you are a fair share payer, you have already completed Step 1 (opting out of the union). But to best ensure your employer stops deducting union fees from your paycheck, we encourage you to complete Step 2:

Would you like to share your union story? Email us at help@leavemyunion.com.