NOTICE TO IAFF LOCAL 42 MEMBERS REGARDING UNION DUES
Updated On: Sep 19, 2018
On June 27, 2018, the United States Supreme Court issued a decision in Janus v. AFSCME, Council 31. That decision invalidated a public sector union’s ability to require non-members to pay and an employer’s ability to deduct “agency” or “fair share” or “service” fees from non-members’ pay. Broadly read, Janus could be applied to the collection and deduction of regular union dues, unless it is clear that “the employee affirmatively consents to pay” such dues. Janus also stands for the proposition that such “consent” must be voluntarily given.
Your current collective bargaining agreement provides that non-members may be required to pay “agency” or “fair share” or “service” fees, and that the Employer will collect such fees and forward them to the Union. Accordingly, Local 42 (the Union) and the Employer have met and amended the collective bargaining agreement, to comply with Janus by striking the “agency” and “fair share” or “service” fee provisions.
As a member of Local 42, you have authorized the deduction of union dues, fees and assessments from your pay. The authorization you executed provides that dues deduction authorizations shall be irrevocable for one (1) year from the date of execution, or until the expiration of the collective bargaining agreement, whichever occurs first.
Pursuant to Missouri’s public sector labor law and Janus, public employees in Missouri may not be compelled to be union members. This communication is intended to ensure that you voluntarily authorized the deduction and payment of union dues. Local 42 and the Employer will presume that you wish to continue to pay union dues and have them deducted from your pay, unless you notify the Employer and Local 42, in writing, that you wish to revoke such authorization. For purposes of this communication, it will be deemed that all members executed the dues authorization form more than one (1) year ago and thus have the right to revoke it.
Although you have the right to decide not to support the Union, you should keep in mind that the Union plays an important role with the Employer and in the workplace. It serves as the exclusive bargaining representative for all employees in the covered positions. The Janus decision does not change Local 42's role or its status as the exclusive bargaining representative. As such, Local 42 will continue to represent all employees in positions covered under the labor agreement. Joining the Union or continuing your membership by paying dues gives you a right to participate in Local 42's decision-making processes. It gives you a direct voice in the Union that represents you.