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Brown v. AFSCME Council 5

The class action lawsuit Brown v. AFSCME seeks a refund of the union fees that the U.S. Supreme Court ruled were illegal to require.

About Brown v. AFSCME Council 5

Three Minnesota state employees sued one of the state’s largest government unions. The class action lawsuit claims that because the U.S. Supreme Court ruled it is illegal to require public employees to pay union fees as a condition of employment, past fees should be refunded to workers.

AFSCME Council 5 collected fees for years from workers who did not want to join a union. The lawsuit against AFSCME may net as much as $13 million in recovered fees for 8,000 state and local workers who paid fees to the union prior to the 2018 Supreme Court ruling.

The two class action lawsuits in Minnesota claim that because the U.S. Supreme Court ruled it is illegal to require public employees to pay union fees as a condition of employment, past fees should be refunded to workers.

“From 1993 to 2018 I was forced to pay AFSCME union dues for a union I never wanted to join in order to work for the state of Minnesota,” said Eric Brown, lead plaintiff of the class action case against AFSCME. “It is time for AFSCME to abide by the Supreme Court’s ruling, return the money that was taken out of my paycheck without my permission, and return money to other Minnesota state employees who were victim to this as well.”

The two lawsuits, Brown et al., v. AFSCME Council 5 and Fellows et al., v. MAPE were filed by attorneys from the same nonprofit law firms that brought the U.S. Supreme Court case ending forced union fees, the Liberty Justice Center and the National Right to Work Legal Defense Foundation.

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Case Details

CASE NAME

Brown v. AFSCME Council 5

Filed

May 8, 2020

Court

U.S. District Court for the District of Minnesota

Status

Closed

Liberty Justice Center Attorneys

Jeffrey Schwab

Jeffrey M. Schwab

Jeffrey M. Schwab is a Senior Counsel at the Liberty Justice Center, where he litigates cases to protect the rights to free speech, economic liberty, private property and other Constitutional rights in both federal and state courts across the country.

Brown v. AFSCME Council 5 Details

National Right to Work Foundation

Two New Class Action Lawsuits in Minnesota Seek Nearly $19 Million in Returned Union Fees

May 11, 2020

(National Right to Work Foundation)—Today, six Minnesota state employees sued two of the state’s largest government unions for an estimated recovery of $19 million in union fees paid by state and local employees. The two class action lawsuits claim that because the U.S. Supreme Court ruled it is illegal to...

The Center Square

Public Employees Sue Unions for $19 Million in Post-Janus Case

May 11, 2020

(The Center Square)—Two of Minnesota’s public sector unions received notice Monday they were being sued by employees in a class action alleging they were forced to unconstitutionally pay membership dues. The American Federation of State, County and Municipal Employees (AFSCME) Council 5 and Minnesota Association of Professional Employees (MAPE) are...

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May 8, 2020
July 25, 2022