Opinion: New resource can help public employees understand their rights

A 2018 Supreme Court ruling made public-sector union membership entirely voluntary — but many workers still don't know it. — A 2018 Supreme Court ruling made public-sector union membership entirely voluntary — but many workers still don’t know it.

🎧 Do Public Workers Know They Can Opt Out of Unions?

Elizabeth New (Hovde) says workers should contact their specific public employee union for information about enrollment or with questions about dues and events

Elizabeth New (Hovde)
Washington Policy Center

Washington Policy Center (WPC) often hears public employees say they didn’t know they had a choice about union membership. That’s not surprising. Government employers generally don’t provide information about this right, and unions have no incentive to emphasize it. Further confusing the issue, union dues, which can add up to $1,000 or more each year, are commonly deducted through government payroll systems based on authorization information provided by unions.

That’s why we’ve created a simple, one-page resource public employers can use to improve employee awareness about choices available to them.

In 2018, the U.S. Supreme Court decided in Janus v. AFSCME that forcing public employees to pay union dues or fees without their consent violates their First Amendment rights. The landmark ruling means union membership is entirely voluntary: Public employees may choose to give a portion of their earnings to a union, but they cannot be required to do so as a condition of employment. For employees who disagree with a union’s activities, that’s important.

Transparency, informed consent, freedom of association and limits on compelled speech are principles all Washingtonians should be able to support, and Janus lives at the intersection of those values.

State lawmakers should want the public workforce to know about all their rights, including this one. If they do, outreach efforts concerning Janus rights are sorely lacking. While information and awareness posters from the state’s Department of Labor and Industries highlight many worker rights, including laws that dictate overtime, paid leave, minimum wage and meal breaks, they do not highlight this critical civil liberty. Public unions are also afforded unique access to employees and provide one-sided information emphasizing the benefits of membership. Public employers even defer questions about union membership to unions.

Workers deserve neutral information, not a sales pitch. That’s where we come in.

WPC created a simple, one-page resource to help close the awareness gap. Our materials communicate what every public worker deserves to know:

You have the right to join a union.
You have the right to decline membership.
You cannot be forced to pay dues or fees as a condition of employment.

That’s it. No spin. Just rights. Public employees deserve honest, balanced information.

Absent a law requiring public employers to provide neutral information to workers, and absent state-provided materials that help inform workers, WPC created this resource for public employers that can help increase awareness. It should be included in new hires’ onboarding materials. It could also be posted in staff lounges alongside the required, similar state poster that explains other worker rights.

No government worker should be unaware that they have a choice to join — or not join — a union. Public employers can help.

Download our one-page resource that can help workers understand their rights regarding union membership here. Contact WPC Center Director Elizabeth New for more information.

PUBLIC EMPLOYEE RESOURCES:

Janus v. AFSCME: https://www.supremecourt.gov/opinions/17pdf/16-1466_2b3j.pdf

Washington state collective bargaining laws include https://app.leg.wa.gov/rcw/default.aspx?cite=41.56 and https://app.leg.wa.gov/rcw/default.aspx?cite=41.80.

Center for Worker Rights at Washington Policy Center (WPC): https://www.washingtonpolicy.org/centers/detail/worker-rights

WPC Center Director Elizabeth New: enew@washingtonpolicy.org, 360.241.4653

Workers should contact their specific public employee union for information about enrollment or with questions about dues and events.

Workers can use the following tool to help them opt out of union membership: https://www.optouttoday.com/.

Elizabeth New (Hovde) is the director of the Centers for Health Care and Worker Rights at the Washington Policy Center. She is a Clark County resident.