Board Remains Committed to Defending Right to Communicate Constitutional Rights to Public Employees
Shasta County, CA —The Shasta County Board of Supervisors will appeal a recent court ruling against the California Public Employment Relations Board (PERB), continuing its fight to defend free speech rights for public employers and employees.
The lawsuit, filed on March 17 by the Freedom Foundation on behalf of the Shasta County Board of Supervisors and a county employee, challenges California statutes that prevent public employers from informing employees about their First Amendment right to opt out of union membership.
Two specific statutes within the California Government Code restrict the board’s ability to communicate freely about union membership options and infringe on employees’ constitutional right to receive truthful information. These statutes can best be characterized as California’s Gag Rule statutes because they force public employers into silence regarding a matter of public concern.
The complaint targets PERB’s enforcement practices of California’s Gag Rule statutes, which effectively deny public employers any meaningful ability to inform employees of constitutional rights affirmed in the 2018 Supreme Court ruling Janus v. AFSCME.
This landmark decision recognized public employees’ right to decline union membership and dues or fees.
“The Shasta County Board of Supervisors remains firmly committed to protecting free speech and ensuring employees are fully informed when making decisions about their representative organizations,” said Shasta County Board Chair Kevin W. Crye. “We will continue this fight at the appellate level because these fundamental rights are too important to abandon.”
“The trial court got this wrong, and we’re confident the Appellate Court will recognize these statutes for what they are — unconstitutional censorship designed to protect union interests at the expense of workers’ rights,” said Freedom Foundation CEO Aaron Withe. “The Public Employment Relations Board is trampling on free speech, and we won’t stop fighting until public employees have access to the truthful information they deserve.”
“These laws do a real disservice to public employees, forcing them to rely solely on unions for information that the unions have no incentive to provide,” said Freedom Foundation Litigation Counsel Ravi Prasad. “Workers deserve the truth about their options, but these statutes ensure workers only hear unions’ perspectives on the merits of union membership, while silencing public employers. This is textbook viewpoint discrimination, corrosive to the constitutional rights of public employees. We remain committed to advocating for the rights of public employees at the appellate level.”
Background:
The lawsuit challenges California Government Code Section 3550 and California Government Code Section 3553, subsections B and C. Both statutes were enacted around the time of the 2018 Janus decision. An initial version of Section 3550 was enacted through a bill that passed just days after the Supreme Court granted certiorari in Janus. After the Supreme Court announced the Janus ruling, the California Legislature passed a bill that amended Section 3550 to its current version and added Section 3553 to the California Government Code.
The complaint argues that California Government Code Sections 3550 and 3553 suppress speech from public employers that would educate employees about their membership rights, effectively discouraging the employee’s right to choose whether to join a union. This constitutes a violation of the First Amendment rights of public employers like the County of Shasta and the First Amendment rights of public employees to receive truthful information.
The Shasta County Board of Supervisors’ decision to appeal demonstrates its unwavering commitment to defending constitutional principles and ensuring public employees have access to complete and accurate information about their workplace rights.
