Albuquerque, N.M. (October 21, 2019) — National Right to Work Legal Defense Foundation staff attorneys have won a settlement in a case to protect New Mexico state employees’ rights as recognized in the U.S. Supreme Court’s Janus v. AFSCME decision last year.
As the result of a federal civil rights lawsuit filed against the Communication Workers of America (CWA) union, CWA union officials will refund thousands of dollars taken from state employees and eliminate a union policy that blocked workers from opting out of paying dues. The settlement agreement, executed last Thursday, resolved the class-action lawsuit filed in December by New Mexico Department of Information Technology (DoIT) employee David McCutcheon against CWA union Local 7076 and New Mexico’s State Personnel Director Pamela D. Coleman.
As part of the settlement, the union officials will remove the union-created “escape period” which limited when workers could revoke their dues authorization. The union will also pay back fully, plus interest, all dues taken from McCutcheon and others who had attempted to exercise their First Amendment rights under Janus, but were blocked from doing so because of the “escape period” restrictions.
“Local 7076 and CWA will not enter into any [union contract] with the State of New Mexico that restricts to a yearly window period the time when a bargaining unit member may revoke a previously authorized dues deduction authorization,” the settlement reads.
All told, CWA union officials will refund more than $15,000 taken from 67 state employees, plus an additional $1,000 paid to McCutcheon for dues taken before Janus. The settlement became final today when District Court Judge Martha Vazquez approved a joint motion to dismiss the lawsuit.
McCutcheon works as an IT technician at New Mexico’s DoIT and was forced to pay union dues as a member before the Janus ruling last summer. After the Foundation-won victory, McCutcheon attempted to end the dues payments only to be told he could only do so during a brief two-week period in December.
Public sector union bosses across the country have attempted to enforce such schemes to block workers from exercising their Janus rights, resulting in over a dozen cases brought with National Right to Work Foundation legal aid. In addition to McCutcheon’s lawsuit, union officials in Minnesota, Ohio and California have also rescinded such policies rather than litigate against Foundation staff attorneys in federal court.
“Respecting workers’ Janus rights is not optional, it’s the law. Public sector workers’ First Amendment rights cannot be limited to just a few days a year,” said National Right to Work Foundation President Mark Mix. “These union boss created ‘window periods’ clearly infringe on workers’ rights and are being struck down in lawsuits coast-to-coast brought with Foundation legal aid.”
The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in more than 250 cases nationwide per year.