Government employees don't have to join a union or pay fees. You have options.
If you work for a local, state, or federal government entity—a public school district, city hall, a state agency or another government body—you have the right to decide whether you want to join a union at your workplace. If you decide union membership isn’t for you, then you are not obligated to pay the union at your workplace any kind of dues or fees. The U.S. Supreme Court reaffirmed workers’ rights regarding union membership and support on June 27, 2018, in the case Janus v. AFSCME.
The decision to join or financially support a union is an important and deeply personal one for anyone who takes a government job. Before deciding whether union membership is right for you, it is important to know what’s at stake and what rights you have.
You Must Be Informed of Your Rights
You have the right to be informed of your options. The Janus decision means all government employees have specific “Janus rights, ” and your government employer must inform you of your rights.
As an employee, you have the right to make a personal choice regarding union involvement. This includes the freedom to either join a union, providing financial support through dues, or to refrain from union membership entirely. Opting out of union membership means you cannot be compelled to pay dues or fees to the union, ensuring your decision is respected without financial obligations tied to union activities.
You Can Get a Refund of Union Agency Fees
If you were not a union member prior to June 27, 2018, but were still required to pay agency fees or dues to the union, you may be entitled to a refund for those payments.
This refund applies to fees deducted as a condition of employment under the previous laws, recognizing that these payments were made without a choice. You can explore legal avenues to claim any qualifying refunds and recover these fees.
You Can Leave a Union at Any Time
Union membership should be a choice you control.
If you decide that membership no longer aligns with your interests, you are legally permitted to end your union membership at any time. Some unions might present specific “opt-out” periods or restricted withdrawal windows, but legally, you can resign from the union regardless of these timeframes. This ensures you have ongoing flexibility and freedom regarding your union affiliation.
Union Dues Can't Be Deducted Unless You Agree
Union dues or fees cannot be automatically deducted from your paycheck without your explicit consent.
If you choose to support the union financially, the authorization for payroll deductions must be provided voluntarily, through clear and affirmative consent given after June 27, 2018. This means no deductions can be made unless you have willingly agreed, providing control over your earnings and union contributions.
Still have questions about your rights? Check out our Frequently Asked Questions.
we can help
We’re a non-profit legal organization that helps regular Americans exercise their rights—free of charge. Our attorneys have fought for workers’ rights and won cases in courts across the country, including the U.S. Supreme Court, where we represented Illinois government employee Mark Janus and scored a landmark victory. We can do the same for you.