Center Recommends Alaska-type Opt-in Form for Public Employees. 1900 Already Opted-out?

R.I. Should Follow Alaska’s Lead With a Clear Union Opt-in Form Process

Center’s My Pay-My Say Campaign Has Already Produced up to 1900 Rhode Island Union Opt-outs

Providence, RI – The RI Center for Freedom & Prosperity recommends that all state and municipal employers in Rhode Island follow Alaska’s lead to protect the rights of public employees by achieving full compliance with the 2018 US Supreme Court Janus v AFSCME decision.

The Center recommends that the various state and local departments should create a new form and related procedures to verify employees’ identity, explain their full rights, and document their clear intent. Not doing so puts government employers in danger of being in violation of workers’ first amendment rights.

“According to the highest court in the land, no public servant should have union dues automatically deducted from their paycheck unless they provide clear affirmative consent with full understanding of their Janus rights,” advised Mike Stenhouse, CEO for the Center. “Without a union opt-in process that fully complies with Janus, governments and unions may be at risk of legal action by employees who may have been misinformed.”

In the summer of 2018 the Center initiated its MyPayMySayRI.com campaign, which seeks to advise public employees of their newly restored first amendment rights under Janus. 

Since then, based actual responses to dozens of records-requests, it can be documented that there are 811 more government workers in 2019 who chose not to pay expensive government union dues than in 2018. This means more than 4% of workers opted-out of their unions. Extrapolated across the entire state, it is estimated that there are now 1900 fewer dues- or fee-paying union members than last year.

In late September, Alaska Governor Michael J. Dunleavy, backed by an opinion from the state’s Attorney General, announced the implementation of an administrative order to protect the first amendment rights of State employees by bringing State government into compliance with the 2018 court ruling. Per Dunleavy’s press release:

“In Janus, the Supreme Court held that 1) government employees cannot be required to pay dues or fees to a public sector union as a condition of employment, and 2) no money can be deducted by employers for public sector unions “unless the employee affirmatively consents to pay.” Public employers, such as the State, cannot according to the court, deduct union dues or fees from an employee’s wages unless the employer has “clear and compelling evidence” that the employee has authorized such deductions. The administrative order only applies to State of Alaska employees currently represented by a union.

The administrative order directs the Alaska Department of Administration to create an initial opt-in program where unionized State employees decide, online or in written form, if they want union dues deducted from their paychecks, which would be revocable at any time.”