No one should be forced to join a union:

Governor of Alaska: My state will be the first to comply with SCOTUS' new union ruling.

No one should be forced to give their money to issues they don't support. That's why my state is working quickly to implement this new decision.

Mike Dunleavy

Opinion contributor

Recently, I directed my state’s government agencies to defend our employees’ First Amendment rights by complying with last year’s Janus v. AFSCME Supreme Court ruling. Our unionized state workers should be able to notify their employers, whether they consent to the withdrawal of union dues from their paychecks. This consent may be withdrawn at any time.

As a result, I’m proud to report that Alaska will become the first state to comply with the Supreme Court’s directive that governments obtain the clear and affirmative consent of each worker. These reforms will ensure that our hardworking public servants retain their freedom of association and cannot be forced to support political organizations with whom they do not agree.

The court's reasoning on Janus

As an Illinois state employee, Mark Janus believed it was unconstitutional for the state government to automatically deduct the local union’s “fair share fee” from his paycheck. That money was then used to subsidize political activity he opposed. The Supreme Court agreed, finding that all public union dues and fees must be deducted with the affirmative consent of each employee.

“Because the compelled subsidization of private speech seriously impinges on First Amendment rights, it cannot be casually allowed,” writes Justice Samuel Alito.

The justices also made it clear that an employee’s waiving of their First Amendment rights “cannot be presumed.”

Earlier this year, I instructed my attorney general, to review all my administration’s employee policies. It was discovered that the state was not in compliance with Janus. I quickly endorsed a plan to conduct a rigorous legal review and agreed to immediately implement proposed policy remedies.

Teacher:Supreme Court’s Janus v AFSCME ruling will force unions to be more accountable

The attorney general’s suggested fixes addressed several key deficiencies. For example, state employees were previously given a brief 10-day window each year to withdraw their consent. Worse, these records were procured solely by the unions, meaning the state could not hope to verify the “clear and compelling evidence” of consent that Janus requires. Employees should be able to change their mind at any point and not need to obtain union paperwork to do so, ensuring that consent is freely given or revoked.

And for those that have sought to downplay the significance of violating the First Amendment for their own political gain, I would point out that the impact on our workers was not simply an abstract constitutional concern. The effect of this free speech violation had direct financial repercussions on the lives of our families.

You cannot mandate political activism

For reference, about 70 percent of this hypothetical family’s dues will be spent on political activism and litigation, such as the litigation ASEA recently initiated to strip members of their First Amendment rights. An additional 22 percent of those dues are given to the American Federation of State, County and Municipal Employees, the largest and most politically active public employees union in the U.S.

I fully support those who chose to voluntarily redirect a portion of their paychecks to ASEA and AFSCME in support of such activities. The right to freely associate is, after all, constitutionally protected. However, I find it unacceptable that a family who no longer agrees with a union’s lobbying efforts is forced to continue to fund a political organization against their will.

This is wrong. Not simply because the Supreme Court or Alaska’s attorney general deemed it so, but because no organization – governmental or political – should possess the power to forcibly strip individuals of their constitutional rights. No American should be forced to associate with a political group with whom they disagree, regardless of any prior support.

Should political entities seek to deny Alaska public servants their freedom of association, I will make certain that my administration wage a tireless battle to secure each worker’s unalienable rights.

No one should be forced to join a union:We need to pass the National Right-to-Work Act.

The question still remains that not all states have yet to fully comply with Janus. I respect that all governors are confronted with a myriad of important issues and each must prioritize the order as it meets their state’s needs. My state is unique in that it employs a larger percentage of public employees that other states do not. Therefore, not complying with Janus infringes upon the rights of a larger portion of our population. 

Additionally, as other states review this landmark decision by the Supreme Court, some of my fellow governors may share these concerns and take similar steps to protect their state’s workers. The belief that state employees should be free to practice their First Amendment rights, 365 days a year, is a profound and deeply rooted conviction held by many freedom-loving Americans across the country. 

Mike Dunleavy is the governor of Alaska. Follow him on Twitter: @GovDunleavy