It’s that special time of year again when a coalition of groups around the country seeks to inform union workers of their right to resign union membership. Welcome to National Employee Freedom Week 2015 (NEFW).
This year, a record 101 organizations in 42 states have partnered together for a weeklong educational campaign devoted to informing union workers around the country of their rights.
In the now 25 right-to-work states, workers in unionized workplaces cannot be fired or retaliated against for refusing to pay union dues or fees. In the other 25 forced-unionism states like Washington and Oregon, most union workers can opt-out of only a portion of their union dues, but many do not realize they even have the option.
According to a poll conducted by the National Employee Freedom Week coalition, 32.3 percent of union households in Washington are unaware of their ability to opt-out of union membership and pay a portion of their union dues without losing their job.
In 2014, a NEFW poll found that 79 percent of Washingtonians believe employees should “have the right to decide, without force or penalty, whether to join or leave a labor union.”
And in 2013, a NEFW poll indicated that 35.6 percent of Washington union workers would “opt out of membership in a labor union” if they could do so without losing their job.
As workplace freedom continues to advance around the country in states like Wisconsin, Kentucky and potentially Missouri, most workers in Washington can be fired for refusing to pay union dues or fees.
Nevertheless, both public and private-sector workers in Washington can resign their official union membership and pay a reduced “agency fee” to the union. If applicable, they may also object to paying union dues on religious grounds and have their dues diverted to a charity instead.
If there is enough support in the workplace, it is also possible to eliminate the union entirely through a process known as “decertification.”
The Freedom Foundation has previously published a guide for public employees with more information about each of these three options.
Additionally, thanks to the U.S. Supreme Court’s decision in Harris v. Quinn last year, several groups of “partial public employees” in Washington and Oregon may now opt-out of union dues and fees entirely, including:
- Individual provider home care aides represented by SEIU 775 (WA);
- Family child care providers represented by SEIU 925 (WA);
- Language access providers represented by the Washington Federation of State Employees (WA);
- Adult family home providers represented by the Washington State Residential Care Council (WA);
- Homecare and personal support workers represented by SEIU 503 (OR);
- License-exempt family child care providers represented by SEIU 503 (OR); and
- Licensed family child care providers represented by AFSCME Council 75 (OR).
To help these employees understand their newly acknowledged constitutional rights, the Freedom Foundation last week launched a new website, www.optouttoday.com. The website includes opt-out forms, answers to frequently asked questions and testimonials from providers that have left the union and lived to tell about it, such as home care aide and Freedom Foundation supporter Brad Boardman, who recently had an opinion piece about NEFW published in The Hill.
Perhaps by this time next year, public employees in Washington and Oregon will similarly be able to fully resign from a labor union if they choose. The U.S. Supreme Court will hear arguments this winter in Friedrichs v. California Teachers Association, a case challenging the constitutionality of requiring public employees to pay union fees as a condition of employment. A decision will likely be issued in June.
In the meantime, if you or anyone you know is a member of a labor union and has questions or would like additional information, we’re happy to field questions over the phone (360-956-3482) or via email (mnelsen@myfreedomfoundation.com).
