The parties in Smith v. AFSCME Council 8, S.D. Ohio Case No. 2:18-CV-1226, entered into a settlement agreement requiring the American Federation of State, County and Municipal Employees (“AFSCME”) to cease implementing its “window policy” – i.e., a policy that allowed employees to opt-out of mandatory union dues but only within a small window of time – and return union fees collected under the policy.
In the wake of the United States Supreme Court’s decision in Janus v. AFCSME, Supreme Court No. 16-3638 (we blogged about the Janus decision here), which held that it is unconstitutional for unions to require agency fees from non-consenting employees, AFSCME attempted to circumvent the ban on mandatory union dues by implementing a “window policy” that allowed employees to opt-out of paying the union dues – but only within a 15-day window. AFSCME union fees were then deducted automatically if an employee did not opt-out within this 15-day period. Several employees challenged the AFSCME policy as unconstitutional in a class action lawsuit.
On January 4, 2019, AFSCME ultimately entered into a settlement agreement. As part of the settlement agreement, AFSCME will repeal the “window policy” and refund union dues to those employees who did not wish to be part of the union.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.