(LOS ANGELES) — A Los Angeles parole officer on May 22 filed a federal lawsuit against the county, its payroll chief and the labor union representing him alleging that, if a workplace looks like an agency shop and quacks like an agency shop, it just might be an agency shop.
David Mayr, employed since 1993 by Los Angeles County, was automatically enrolled when first hired as an agency fee payer to the American Federation of Municipal, State and County Employees (AFSCME) Council 35, Local 685. Although he purposely never joined the union as a full-fledged member, laws in force at the time nonetheless allowed it to deduct a so-called “agency fee” from his paychecks, which AFSCME used to fund political activities Mayr had not authorized and did not support.
The U.S. Supreme Court, however, in its landmark 2018 Janus v. AFSCME ruling, affirmed that requiring public employees to join a union or pay dues or agency fees to one is a violation of the worker’s First Amendment rights.
At approximately $55 per paycheck, Mayr estimates he’s paid AFSCME more than $41,000 during his career, none of which he ever agreed to.
After learning about the Janus ruling in 2022, Mayr immediately sought his release from the union. But his request was ignored based on language in a memorandum of understanding between AFSME and the county that identifies the bargaining unit represented by the union as an “agency shop.”
“That section of the MOU was later amended and referred to as ‘historical language,’ but the county and union continue to enforce it,” noted Timothy R. Snowball, an attorney with the Freedom Foundation, which is representing Mayr. “Agency fee deductions were specifically addressed in Janus, and the court found that they unambiguously violate the First Amendment. The defendants’ actions here fly directly in the face of the court’s holding.”
Snowball said the county and union are clearly abridging Mayr’s rights — and knows it. But by scorching as much earth as possible before conceding, AFSCME hopes to discourage other workers thinking of opting out.
“The unions and their government allies had their way for nearly 40 years before Janus,” he said, “and they still won’t accept that the landscape has changed forever. Fortunately, we never get tired of reminding them.”
The suit, filed in U.S. District Court, names Los Angeles County, payroll division Laura Rinard, and AFSCME Council 36, Local 685 as defendants. Mayr is seeking a refund of the almost $2,500 the union wrongly deducted after his opt-out request was signed, plus other damages.
