Group tries again to win back non-member union fees paid before Janus decision

A conservative group is making another attempt in California to force the return of public employee union fees paid by non-members before the U.S. Supreme Court declared them illegal.

The case was filed in the Central District of California by Mariah Gondeiro and Shella Sadovnik with the Olympia, Washington-based Freedom Foundation on behalf of an in-home supportive services worker. The plaintiff, Tanisha Hubbard, claims she never signed a card consenting to have fair share fees deducted from her paycheck. Hubbard v. Service Employees International Union Local 2015, 2:20-at-00319 (C.D. Cal., filed March 30, 2020).

These are fees taken from non-members in order to compensate the union for negotiating wages and benefits on their behalf. The Supreme Court declared such fees illegal in Janus v. AFSCME Council 31, 2018 DJDAR 6308. The ruling launched a flurry of cases seeking to get back dues paid in the past, though many have been turned back by the courts.

The latest complaint claimed the union violated sections of the state Welfare and Institutions Code and Hubbard's rights under the First and 14th Amendments of the U.S. Constitution. It also claims the union engaged in fraudulent concealment, negligent misrepresentation and several other violations of state law. The plaintiffs are seeking retroactive return of Hubbard's fees since 2012, as well as damages and attorney fees.

A Sacramento County judge ruled against the plaintiffs last year in a similar lawsuit, finding the claims were preempted by a state law, the Dills Act, in Lyon v. Union of California State Workers, 34-2018-00236695-CU-BU-GDS (Sac. Super. Ct., filed July 10, 2018). A federal judge dumped another claim last year, as well, citing the defendant's good faith defense in Hamidi v. Service Employees International Union Local 1000, 2:14-cv-00319-WBS-KJN (E.D. Cal., filed Jan. 31, 2014), though that case has been appealed.

Freedom Foundation has a similar case pending in the Eastern District of California, Marsh v. AFSCME Local 3299, 2:2019-cv-02382 (E.D. Cal., filed Nov. 26, 2019).

-- Malcolm Maclachlan