Before Janus, New Jersey public school teachers Susan Fischer and Jeanette Speck, along with five million other public sector workers, were required to subsidize a union even if they were not union members.
“You have to pay if you join and pay if you don’t join,” said Fischer. “That was so un-American to us.”
Days after the monumental ruling at the Supreme Court, both teachers resigned their union memberships under the Janus decision’s protection of their choice to completely refrain from supporting a union. However, the teachers were informed that they could only stop payments and withdraw their membership during an annual 10-day window period.
Susan G. Fischer teaches Italian in New Jersey public schools. All in all, she calculates that she’s involuntarily ceded about $30,000 of hard-earned salary to union dues during her 30-year teaching career. Mandatory payments increase annually; her tab last year was $1,222. While she harbors no resentment toward the $25 a year she pays to her local bargaining unit at Ocean Township Public Schools and the $50 per year she pays to the Monmouth County unit, praising the collegial relationships and professional development opportunities, she’s always resented the $200 per year she pays to the National Education Association and, most adamantly, the $800 per year — Fischer calls it “highway robbery” — that goes to the state union, the New Jersey Education Association.
This system of involuntary payments to support lobbying that she mostly disagrees with was supposed to end with the Supreme Court’s ruling this past June in Janus v. AFSCME, which bars union shops from mandating membership and dues payments. Mandatory union membership, said SCOTUS, is a violation of the Constitution’s First Amendment right to free speech. But this system didn’t end in New Jersey, because legislators, with a heavy assist from NJEA sycophant Gov. Phil Murphy, preemptively circumvented the Janus ruling through a law called the Workplace Democracy Enhancement Act. Now, Fischer and her colleague Jeanette Speck have filed a class-action lawsuit in federal court against Murphy, NJEA, and the Township of Ocean Education Association.
Hello! We know there’s a lot of news out there, but we’re bringing you an education-centric take on the midterms, with big results in some key states.
Arizona
Arizona is one of five states that saw teacher walkouts this past spring. After a grassroots group of public school supporters put it on the ballot, what would have been the nation’s broadest school voucher expansion was overturned Tuesday 2-to-1 by popular referendum.
Arizona has been considered a model state by school choice advocates, so the rebuke is a notable shift.
Class action lawsuit challenges a NJ law that blocks workers from exercising First Amendment rights outside 10 day “window period”
Trenton, New Jersey (November 5, 2018) – Two New Jersey public school teachers have filed a federal class action lawsuit against the Township of Ocean Education Association (TOEA), New Jersey Education Association (NJEA) and the National Education Association (NEA) unions, with free legal assistance from National Right to Work Foundation staff attorneys.
Teachers Susan G. Fischer and Jeanette Speck, for themselves and potentially thousands of other teachers across the state, are asking the U.S. District Court for New Jersey to order NJEA union officials to refund illegally-seized union dues taken from teachers without their consent and in violation of their First Amendment rights as protected by the U.S. Supreme Court’s landmark decision in Janus v. AFSCME.
In Janus, which was argued and won by National Right to Work Foundation staff attorneys, the High Court ruled it unconstitutional to require public employees to subsidize a labor union. The Court further held that any union dues or fees taken without a public employee’s affirmative consent violates the employee’s First Amendment rights.
