Freedom Foundation asks the Supreme Court to affirm public workers’ right to leave their union

Dallas, TX — The Freedom Foundation has filed its most recent petition for certiorari review at the United States Supreme Court, asking the justices to answer a critical First Amendment question: Do public employees have the right to leave their union?

In Cox v. Association of Oregon Corrections Employees, filed Sept. 8, Oregon corrections employees who tried to resign were hit with a $500 rejoin fee and forced to waive the union’s duty of fair representation, while the state continued deducting dues at the union’s direction.

The court has long recognized the constitutional right of public employees to opt out of their union — first in Abood v. Detroit Board of Education (1977), which nonetheless permitted unions to collect a so-called “agency fee” in lieu of dues, and more recently in Janus v. AFSCME (2018), which affirmed that employees cannot be forced to pay any dues or fees at all. 

But lower courts — particularly the 9th Circuit Court of Appeals — have refused to allow employees to enforce their right to resign from union membership, giving unions free rein to impose draconian conditions, stall resignations and even refuse to process opt-out requests altogether.

“Government unions are holding workers hostage,” said Aaron Withe, CEO of the Freedom Foundation. “The First Amendment guarantees public employees the right to decide for themselves whether to associate with a union. But unions have created endless roadblocks to trap workers and keep the dues flowing.”

Other related Freedom Foundation petitions include:

• Klee v. International Union of Operating Engineers, Local 501 (filed June 20) — After trying to resign, Mr. Klee spent nearly two years sending repeated opt-out requests while his union continued collecting nearly $1,000 in dues from his paycheck.
• Freedom Foundation v. Teamsters Local 117 (filed July 10) — A Washington union refused to accept certified mail from the Freedom Foundation containing resignation requests from employees, effectively preventing dozens of workers from opting out.

“These cases are just the tip of the iceberg,” Withe continued. “Across the country, public employees are discovering that unions don’t represent their values or best interests — yet they’re trapped against their will. The court must make clear that workers have the same constitutional right to leave a union as they do to never join in the first place.”