Foundation Attorneys Head Back to Supreme Court for “Back Forced Dues”

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Labor union bosses should be on the run. . . Mark Janus is going to the Supreme Court again. The National Right to Work Legal Defense Foundation is bringing Mark Janus once again to the Supreme Court. This time he is requesting all the dues he paid under protest to American Federation of Federal, State, County and Municipal Employees (AFSCME).  

Almost two years ago to the day, on June 27, 2018, the Supreme Court of the United States agreed with National Right to Work Legal Defense Foundation attorney William Messenger and his client, Mark Janus, making a landmark decision in Janus v. AFSCME Local 31.  The Court stated that forcing public workers to subsidize a union is unconstitutional and violates their First Amendment Rights.  

On that day in June, more than five million public sector workers could no longer be forced to pay union dues or fees to keep their jobs an Independence Day for public sector workers. 

Now Foundation attorneys are backing Mark Janus in his quest to recoup his “back dues”, asking the Court to give him back the dues he paid from March 23, 2013, until June 27, 2018.  This period represents a two-year statute of limitations period, from March 23, 2013, until March 23, 2015, when his case started. 

“The Supreme Court agreed that the union taking money from non-members was wrong but the union still has the money it illegally garnished from my paycheck,” commented Janus. “It’s time for AFSCME to give me back the money they wrongfully took.”

While Janus is seeking the return of $3,000 of his own money, a favorable decision for him would set a precedent that could result in the return of over $120 million to public servants just in Foundation-backed cases. Other cases brought by workers could bring that total to hundreds of millions of dollars.

National Right to Work Foundation Vice President and Legal Director Raymond LaJeunesse declared, “The Supreme Court should take this case again to ensure that public sector union bosses are not permitted to profit from their widespread violation of workers’ First Amendment rights.”

Foundation staff attorneys are currently fighting for thousands of workers in about 20 cases which seek refunds of dues seized unconstitutionally before Janus was decided.