Domestic workers sue union over fee deductions

Providers receiving Medi-Cal benefits to take care of infirm family members have filed a class action in federal court, claiming a San Diego-based union continued to deduct dues after they opted out of the organization.

Filed in the Southern District of California last week, the suit alleges United Domestic Workers AFSCME Local 3930 deducted and collected dues from payments the providers received from the state's In-House Supportive Services program "over their objections and without clear and compelling evidence that they waived their First Amendment rights." Quirarte v. United Domestic Workers AFSCME Local 3930, 19-CV01287 (S.D. Cal, filed Jul. 11, 2019.)

Last year's U.S. Supreme Court decision in Janus v. AFSCME gave workers a First Amendment defense against unions collecting dues or other fees unless they consent to the deductions and waive their right to "refrain from subsidizing union speech." Janus v. AFSCME, 2018 DJDAR 6308.

According to court documents, the plaintiffs are all providers caring for family members who are either disabled or older than 65. The state program pays those providers for their services.

The suit alleges the union pressured the providers into joining. They left after learning they didn't have to join though the union continued to collect dues directly from the providers' program payments.

The Virginia-based National Right to Work Legal Defense Fund and the Washington-based Freedom Foundation filed the suit on behalf of the providers. They're seeking injunctive relief, compensatory damages, attorney's fees and costs, and other relief.

-- Glenn Jeffers