Elizabeth New: Public employees deserve clear, neutral information about their rights

Eight years after the U.S. Supreme Court’s June 27, 2018, decision in Janus v. AFSCME, too many public employees still don’t know a basic fact about their jobs: Union membership is a choice, not a condition of employment. So are the dues that come with it.

That’s not an argument for or against unions. It’s a reminder that workers have First Amendment rights, and good government should help them understand and exercise those rights.

Janus held that public employees cannot be required to pay union dues or fees without their affirmative consent. In practical terms, that means a teacher, city clerk or parks employee is free to join a union and support it financially. These employees are also free to decline.

Many employees value the bargaining power, grievance support, workplace advocacy and political engagement unions provide. Others prefer alternative forms of workplace support and object to subsidizing a union’s speech, messaging or political activity. Both decisions are legitimate. The point is that the choice belongs to the employee.

New hires in Washington state rarely receive neutral information about that choice, however. Public unions are afforded unique access to new employees and provide one-sided information emphasizing the benefits of membership. Public employers even defer questions about union membership to unions. All of this means that the first – and sometimes only – message employees hear about membership tends to come from one direction. That makes the need for clear, neutral information even greater.

Further confusing the issue, union dues, which can add up to $1,000 or more each year, are commonly deducted through government payroll systems based on authorization information provided by unions. And while information and awareness posters from the state’s Department of Labor and Industries highlight many worker rights, including laws that cover overtime, paid leave, minimum wage and meal breaks, they do not highlight this critical civil liberty.

Public employers could provide workers with a simple, even-handed notice that explains the Janus rule in plain English. What would that look like? Something modest and factual:

• You have the right to join a union.

• You have the right to decline membership.

• You cannot be forced to pay dues or fees as a condition of employment. Washington Policy Center created a simple, one-page resource explaining public employees’ right to join – or not join – a union. It’s pro-worker, pro-transparency and treats every employee like an adult capable of making an informed choice. Public employers can download this resource and include it in their onboarding packets for new hires or post it in staff lounges alongside existing notices required by the state that inform workers of their rights.

Increasing awareness about a fundamental constitutional right should be something liberals and conservatives can agree on. Washingtonians value transparency, informed consent, freedom of association and limits on compelled speech. Janus lives at the intersection of those values.

Right now, too many workers are left in the dark about their Janus rights and hear about union membership from only one direction. Neutral information in the workplace would help public employees understand what Janus affirmed eight years ago: Union membership is a choice, not a condition of employment. Governments should include information about this First Amendment protection in new-hire materials and on the wall where workers look for their rights.

Elizabeth New is a research director and policy analyst for Washington Policy Center, a think tank focused on free-market solutions and limited government. She is based out of Vancouver, Washington.