FAQs

• Q1: What is the Janus case?

• Q2: Did the Supreme Court say dues cannot be deducted without my affirmative consent?

• Q3: If the Supreme Court requires me to waive my Janus Rights, why is my employer still deducting dues from my paycheck?

• Q4: Can I now resign from my Minnesota public union?

• Q5: How do I notify my union that I have decided to resign my membership?

• Q6: Why should I consider resigning from paying dues to the union?

• Q7: If I choose to stop paying dues to my union, won’t I lose all of the security that a union provides?

• Q8: If I am a teacher, how does Janus affect me?

• Q9: Am I the only one who is considering separating from my public union?

• Q10: If I am not a member of the union, does that affect my pension?

• Q11: Can I be fired, penalized or retaliated against for not being a member of the union?

• Q12: Do I have to meet with my local union rep before I can resign?

• Q13: Is there a way I can financially support only my local union, but still withdraw from the state and national union?

• Q14: How does the Janus decision impact collective bargaining?

• Q15: What is this really about? It’s about choice.

• Q16: How do I get a copy of my union card?

The Supreme Court ruled in June 2018 that no public employee can be forced to pay fees, dues or other money to a government union as a condition of working in public service. The Court said employees had to give their “affirmative consent” to waive their First Amendment rights before an employer could deduct dues and that “such a waiver cannot be presumed… Rather, to be effective, the waiver must be freely given and shown by ‘clear and compelling’ evidence….”

The Janus case was about “fair-share” fee payers, but the Court’s reasoning applies equally to union members.

If you were a fair-share fee payer, your employer stopped taking fees from your paycheck in July of 2018. Unless you give your affirmative consent to waive your Janus Rights and sign a union card, your employer should not deduct any union fees from your paycheck. If you are one of Minnesota’s public-sector employees who belonged to a workplace union when Janus was decided, your employer is still deducting dues from your paycheck. If you prefer not to financially support that union, we can guide you through the process of notifying the union and your employer of your choice. Click here to get started.

Yes, but it may take years for Minnesota to comply with the Janus ruling. That is why some employees have brought legal actions against their union and employers.

The State of Minnesota and all public employers have continued to deduct dues for any employee who was a union member before the Janus decision or any employee who signed a union card after the Janus decision. The problem is the union cards that authorize the deduction of dues do not contain an affirmative waiver of the employee’s right to decline to fund the union or a statement that the waiver was freely given. (That means, for example, that the union cannot pressure an employee to sign the card or tell an employee he or she will lose his or her job, pension or seniority if the card is not signed.)

 It will probably take several years, and more lawsuits, for the State of Minnesota to enforce the Janus ruling and protect employee rights. In the meantime, you can exercise your Janus Rights to resign.

Yes. You no longer have to be a member of the union to get or keep your job. Unfortunately, Minnesota employers are honoring union restrictions, such as narrow and confusing exit windows. We can help you answer this question specifically for your situation; click here and fill out this form and we will personally get back to you.

Note: If you are a public employee union member, do NOT sign any new paperwork, documentation, or union cards until you get the facts about your rights. You do not want to sign away your right to stop paying union dues.

The process is not hard, but the details depend on the terms set forth in your union card. In general, you will need to notify your union (and maybe your employer) in writing that you wish to withdraw your membership. It is helpful if you have a copy of your union card.

Click here to find your workplace union and learn more about how you can withdraw your union membership. Once you fill out the form, you will be taken to a step-by-step guide on how to opt out, as well as a basic form letter you can modify and send to your union.

There are many reasons, and they are all based on personal choices. For example, you may feel that you prefer to spend your union dues on your family. You may feel that the union does not respect the diversity of political issues that are represented across your workplace. You may simply feel the union is not giving you good representation. After learning more, you may decide that being in a union is the right choice after all. Your union will continue to represent you, like it has been, regardless of the Janus decision. The point is, you get to decide. This is about having a choice.

No. Some things will not change if you resign. The union, under Minnesota law, will still represent you in contract negotiations; you will have the same rights and benefits you did before the Janus decision. Regardless of your membership status, you cannot be treated differently and are always protected by Minnesota State Law and the Constitution. 

The Janus ruling had no effect on collective bargaining. The unions will still negotiate wages, benefits, hours and working conditions with employers, and all employees – regardless of union membership status – will be covered by the union contract. The union is still the exclusive representative of all employees in the bargaining unit and must represent all employees in good faith.

Teachers, like other public employees, have the right to resign from the union. Unfortunately, the union says teachers can only resign during a 30-day “window” in September (Sept. 1-Sept. 30). Like all windows, this violates the Janus decision. You may wish to challenge that restriction of your rights by resigning outside of the window. We are happy to discuss this option with you. Click here to contact us.

Go to EducatedTeachersMN.com for more information specifically for teachers.

Union membership is a personal choice made by you and your family. Because there are so many possible reasons for wanting to opt out of paying union dues, there are many who are considering it. After thinking it through, some may choose to leave for a variety of reasons. Some will choose to stay. Either way, you won't be alone. And remember, exercising your rights is a good and admirable thing.

No. Your defined benefit pension is offered as a benefit by your employer, not by the union. Pensions are not subject to collective bargaining in Minnesota, though the unions do lobby on the issue. Union members and non-members have the same pension benefits.

No. Being a full dues-paying member of a union is voluntary. You cannot be fired from your job or penalized for belonging to a union, or not belonging to a union. It is illegal for an employer to discriminate against you for exercising this right. It is also illegal for the union to retaliate or discriminate against employees who exercise their constitutional right not to join or support the union.

No. You are not required under the law, union contract or under the union membership card to meet with a union representative in order to resign. Some may feel this is a tactic to pressure you to or maybe the local rep genuinely hopes to change your mind. But you are under no obligation to meet with anyone to discuss your decision. It is a private decision for you and your family. There is nothing the union can do if you resign without meeting with anyone. If you need help, contact us. If you feel pressured or have a story to share, please tell us.

No, but you are not alone in wishing to do so. Many people have told us that this is what they would like to do. Unfortunately, at this time, unions do not allow members to pay dues only to their local union. However, you can choose to withdraw your membership from your union entirely, and then send a voluntary donation to your local union if you want to do so. Your local may be doing a good job; this is a nice way to say, “thanks.”

The Janus ruling had no effect on collective bargaining. The unions will still negotiate wages, benefits, hours and working conditions with employers, and all employees – regardless of union membership status – will be covered by the union contract. The union is still the exclusive representative of all employees in the bargaining unit and must represent all employees in good faith.

It comes down to whether being a part of a public union is the best choice for you and your family. Some may be telling you that this is about “taking sides.” We disagree because we are all on the same side – the side of all Minnesota public employees. This is about what is best for you and your family. Financial and legal decisions should always come down to personal choice.

The process to opt out of your union is not hard, but sometimes the details depend on the terms set forth in your union card. You may not have your union card handy. You should be able to get a copy of your union card by contacting your union. Click here to find a list of the most common Minnesota unions with their websites and mailing addresses as a reference guide.