National Right to Work Foundation-backed lawsuit for homecare workers seeks to stop SEIU from blocking them from exercising First Amendment rights
Salem, OR (November 3, 2016 – Staff attorneys from the National Right to Work Foundation and the Freedom Foundation have filed a lawsuit for several homecare workers against the State of Oregon and SEIU Local 503 in Federal court in Eugene, Oregon.
The lawsuit comes after both the state and Service Employees International Union (SEIU) Local 503 refused to stop deducting union dues and fees from homecare workers who either resigned or objected to union membership, refusing to accept dues ‘opt-out’ forms submitted by homecare workers.
The lawsuit also hits the state and union for deliberately obfuscating the resignation process, notably restricting homecare providers to only being allowed to choose to opt out of paying dues during an annual 15 day period that is different for each worker and unknown to the caregivers.
The Right to Work Foundation-won Harris v. Quinn Supreme Court case explicitly held that it is unconstitutional under the First Amendment to compel objecting nonunion providers to pay any union dues or fees.
The suit asks for an injunction to force union officials to honor the rights of home healthcare providers who exercise their constitutional right to cease financial support of a union. It also seeks refund of any dues and fees collected by SEIU 503 after providers objected to union forced dues payments.
National Right to Work Foundation President Mark Mix commented, “Union bosses feel no shame in taking money from family members who are providing care to loved ones. It is outrageous that these forced dues schemes continue to be forced on workers whom the union hierarchy claims to defend, even after the Supreme Court said these schemes are clearly unconstitutional.”
Foundation staff attorneys are helping home or childcare providers challenge similar schemes in Minnesota, Illinois, New York, and neighboring Washington State.
The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.