Supreme Court asked to rule in case involving union dues taken without consent

In a scenario that could deal a serious blow to the power of labor unions in this country, the U.S. Supreme Court is being asked to render a decision in the case of a pair of workers from New Hampshire who had dues withheld from their paychecks without their consent, as the Washington Examiner reports.

Forming the basis of a class-action lawsuit filed by the National Right to Work Legal Defense Foundation on behalf of two Granite State public employees is the allegation that the State Employee’s Association of New Hampshire took three years’ worth of union dues from the workers’ paychecks without their consent, in contravention of the high court’s own 2018 ruling prohibiting such action.

The complaint in the case requests repayment of membership amounts taken from workers Randy Severance, Patrick Doughty, and others who did not wish to become union members but were still forced to remit dues, as the Examiner noted.

Pursuant to the Supreme Court petition, the named workers seek the reversal of a series of lower court decisions that have thwarted their demands for dues refunds, despite the 2018 ruling in the case of Janus v. AFSCME in which the justices voted 5-4 that government employee unions may not force workers to pay anything in fees or union dues.

In a press release discussing the New Hampshire workers’ case, the National Right to Work Foundation (NRWF) explained that the Janus decision found that “public employees must affirmatively consent to union dues payments and knowingly waive their constitutional right not to pay,” and that any attempt to force such payments represented a violation of workers’ First Amendment rights to free speech and free association.

NRWF president Mark Mix articulated the organization’s position, saying, “Union bosses violated the rights of workers in New Hampshire and across the country for decades and now they must return a few years of those ill-gotten gains”

“The Court should grant Doughty and Severance’s petition and make it clear that union bosses cannot simply pocket the proceeds of their unconstitutional dues scheme,” Mix added, according to the Examiner.

The foundation also noted that “this case was only necessary because New Hampshire lacks a Right to Work law that ensures union membership and financial support are voluntary, not coerced. Had union dues been voluntary during the period covered in the lawsuit, union officials could not have seized forced fees from unwilling workers to begin with.”

Time will tell whether the Supreme Court will agree to hear this case or whether, as the petition in this case asserts, lower courts will continue to be allowed to “manipulate constitutional claims to achieve what they feel is the best policy” and to leave victims of similar civil rights violations without a viable remedy.

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33 Responses

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  3. Funny how people do not want to pay union dues, but never refuse to take the increased wages and benefits the unions negotiate for everyone

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  6. In 2018 the Court ruled in exactly the same situation that unions of government workers could not force dues from non-members. Like many other rulings by the Court, some lower court judges think the ruling should have gone the other way, so they refuse to follow it. They should be thrown off their benches. The Court has the authority to do so.

  7. Unions have their place when it comes to employee job protections, layoff procedures, salary negotiations, safety procedures, etc.
    That said I have never, (nor do I know any union member who has), ever been asked to give a political contribution or what party/candidate the individual wanted their contribution used for.
    Unions have no rights to collect political contributions without consent and it is about time SCOTUS looked at the legality of this practice.

    1. Unions use your dues to support their political interests (Democrats). So you are being forced to support their causes.

    2. I agree with much of what you say. I do know of Glacier Unions that make the members deliver democratic campaign literature and spend time at polls handing out literature. This is because the unions, especially the building trades unions, because they have the members bamboozled into believing the democrats are for the working man. They believe it because of all the construction jobs in big cities. The iron workers, the electricians, carpenters, glaciers, etc depend on the skyscrapers for job security.

  8. The Unions donate millions to Democrats each election. When Biden shut down the XLPipeline that put 6,000 Union Members out of work, he cost the Democrats a lock of voters from those who lost their jobs.

  9. I will be surprized if they take a look at this case because John low life P.O.S. Scumbag Roberts is as much a Commie as can be. JO JO Roberts, BO BO Biden and BAM BAM BOMMIE are three of a kind, all hate this Great Country and will do anything they can to destroy it. They look down on the Citizens of the United States as menions and low life servants for them to use at their pleasure fo servants. I know that GOD will give all of them their just rewards one day very soon that they have earned without doubt. AMEN.!!!!!

  10. I have said this before and will say it again…at one time in the past, unions were a good thing and helped others, especially children, but now they are no more than crooks and should be no more. As some Dems and some Republicans, they are only out for themselves, including the union. I feel sad our Country has fallen so badly to evil and have lost God, but God hasn’t lost them and according to the Bible, in order for people like this to learn to do what is right, they will eventually see God means business and there will be escape for them.

  11. When paying Union dues, the money supports Abortion an d liberalism way, wither you like it or not. Even if it is against your Christian views. Once in a union they protected one of their own in violation of union rules and he was kept working and I was let go. By their rules he should have been offered a janitor job before I was let go. So. no more unions as they screwed me using my money.

  12. Watch! This bunch of cowards we call a Supreme Court will refuse the case! Or rule for the Criminalocracy! We have no “free country”!

  13. Of all the unions that need legal action about unauthorized dues for zero return are the American federation of teachers and the NEA. They refuse to return to work but are still collecting salaries.

  14. Unions are just another name of government control over ones ability to earn a living.

    Similar to tenure for teachers.

    If the are good at their profession what is the need to tenure.

    Just more control over ones life and an excuse to not having to be competitive. Follow the money and you will find a union. Look at the blue states and one will find more unions than in red states for sure. Freed and control are slowly slipping away.

  15. My problem with union dues is that we the taxpayer are paying the dues to public servant employees like teachers and government employees that are unionized. Government employees should not be unionized.

      1. I worked at an Elementary and the PE teacher was accused by a student the he touched him inappropriately! The Teacher was escorted off campus by police officers!
        The Union investigation found the the charges were false . It turned out that the student didn’t want to do PE !The teacher was out of work for 5 weeks while the police followed up on the Union’s investigation! The Union saw that he was paid for all his time off

  16. No one should ever be required to join any “union” for any reason, and no one should ever be required to pay “union dues or fees” unless they agree to pay them. Unions are merely political organizations that should never be able to force anyone to join, become a member or pay dues or fees in order to get a job or keep a job.

  17. No one in this country should have to do ANYTHING against their will that is unlawful to begin with.

  18. Over all Unions suck and are nothing more then thieves and corrupt entities . I at one point was a union member and they did absolutely nothing to insure our benefits or anything else. All they did was line their own pockets and stab the members in the back as they were able to do so. Until we got rid of the union we only received crap from them. But the union officials made a big bucks deal for themselves. We don’t need unions in this country we need free enterprise. If you do your job you don’t need a union. We were able to negotiate with the employer on our own and get a better deal from them directly. So the union was just milking us for years prior.

    1. Amen to that. I was once backed into a corner at my new job which told me I HAD to join the union. I refused and left that job ..
      THAT is the absolutely the truth. Been there…done that.


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    2. Seek another job why are people applying for jobs knowing that they are union jobs and then expecting not to be part of the union voted into there . Its really simple choose a job that is non union from the start ! Problem solved!

    3. I agree Stuart, but when I went to work for the phone company, I was asked to join the union. I questioned what would happen if I said no, the union rep told me nothing, but I might find my tires slashed when I got off work. Hmm. So if you don’t join the union when asked, there could be…consequences. If Unions aren’t fully voluntary, they need to go.

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