State employee union gets court to block Dunleavy on union dues collection

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RIGHT TO WORK FOUNDATION STEPS UP TO HELP

An Anchorage Superior Court judge has granted the Alaska State Employees Association a temporary restraining order to prevent the Dunleavy Administration from its decision to stop collecting union dues on behalf of ASEA.

Judge Gregory Miller ordered that that the State must continue to collect dues for the union while the main case works its way through court.

On August 27, Attorney General Kevin Clarkson announced that union members must be afforded the right to affirmatively opt in to paying union dues, rather than the opt-out option that the Walker Administration set up after the historic Janus decision by the U.S. Supreme Court in 2018.

Miller said the Dunleavy Administration’s actions are “causing and will continue to cause irreparable harm” to ASEA, which has filed a lawsuit against the state action.

Only 13 State employees have opted out of paying the ASEA dues, according to MRAK sources.

Meanwhile, the organization called Right to Work Foundation has offered to represent pro bono the employees who want to cease paying dues to ASEA.

Any employees who are interested in receiving free legal advice and assistance can contact the National Right to Work Foundation at [email protected] The organization explains in more at its website.

22 COMMENTS

  1. The court in Anchorage has no jurisdiction over the Supreme court’s decision. Don’t like? Too bad.

    • Nothing here is determining anything about the Janus decision, only the State’s interpretation of it. And Alaska seems to be going this direction on its own as no other states are taking this approach IMO.

      • Correction here-Judge Miller said that three states had tried the opt-in process and all three had been rejected by the courts. That source was Juneau Empire article of 10/3.

  2. This was a mistake. This liberal judge must have come out from the Pacific Northwest. I hope all these people are going to get interest when their money is refunded.

      • Ah come on, Union Supporter, you know that Alaska governors are given three names from the Judicial Council and have to pick the least offensive of the three, and the council itself is as liberal as a midsummer day in Alaska is long. It’s not like governors really have much of a choice. Doesn’t mean this guy is bad, but just because he is a Parnell pick, doesn’t mean he’s good.

        • You seem to be confusing “Liberal judge coming from Pacific Northwest” with “good” or “bad.”

  3. I think this language from the Court’s Order says it all:

    The State advances a position contrary to the express wording of Janus, contrary to the memorandum opinion issued by his predecessor in office, contrary to all known opinions from other States’ Attorneys General, and contrary to nine federal court decisions, two administrative agency decisions, and two arbitration awards.

    • There are no municipal judges. Superior court is the State of Alaska, with State of Alaska judges and adjudication. It just happens that this case and all filings are occurring in Anchorage.

    • The Unions expect the State to do it. The State should have no involvement in the process. That is the whole basis behind Janus besides a 1st Amendment right of workers.

  4. Proceeding as Art Chance predicted. They will exhaust their efforts in the state courts and get the thing settled in federal court while the unions delay and drag their feet the entire way. Cheers –

  5. So the highest court in the nation tells us to be compliant with Janus and the Alaska Court says naw we’re gonna chalked gets that??

  6. Pretty much. Some of these liberal decisions coming out of the courts nowadays is nothing more than squabbling childish sore losers kind of like the Hillary voters. All they try to do is muddy up the waters and slow down progress until the next election cycle when hopefully the voters have been asleep and they can try to change things.

  7. The Mickey Mouse Alaska Court System will have to be directed by the Federal Courts to do what the U.S. Supreme Court has clearly directed be done.

    Who says the public sector unions don’t own Alaska?

    • Janus decision said nothing about union employees or how often they need to claim union membership-this is just plain over-regulation by Dunleavy administration attempting a reading of that decision that will not survive any court IMO (even a Mickey Mouse one).

      • Ed, while non-union folks did pay for their being a part of the spoils of the union negotiating that has changed with Janus and is not something new with this Dunleavy position (it was done under Walker).
        What are you talking about (Payback is due)?

  8. The Janus decision is about whether the union can coerce public employees to be members of a union in order to work for a government employer. It changes 40 years of having union bagmen extract dues and requires employees who need union representation to opt in for it.

    As a former ASEA/AFSCME Local 52 Business Agent I have first-hand knowledge about who most need the union for job protection.

    • You’re the expert on your opinion Donn, however the Janus decision deals with non-union folks and says nothing about opting-in. If you opt out you don’t pay dues. Dunleavy is taking an interpretation that hasn’t been taken by any state, so far, and will most likely get it’s a$$ handed to it by the courts (as has already started).
      Originally, those who wanted out of the union had to pay dues but that was stopped by Janus (and Walker administration complying). This has nothing to do with protecting workers rights, by the way.

  9. Provisions for requiring membership in a designated union is in every state contract, meaning we have some 11 bargaining units represented by 9 distinctive mob families. Janus says employees’ free speech protections mean they don’t have to be members of an organization that presumes to speak for them.

    Being a union member requires paying dues. The Supreme Court says public employees don’t have to be member of a union as a condition of employment, so the State should no longer act as bag man to extract union dues by force for the mob.

    Delay tactics only harm State employees who will have to sue for rebates of all contributions after the point when Gov. Dunleavy declared union members must opt into the union instead of the assumption they must opt out.

    This is a case of the unions expecting members to be Useful Idiots…

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