Alabama U.S. District Court Judge Halts Ban on Union Payroll Deductions

Posted by AzBlueMeanie:

This is one of those pieces of anti-union "model" legislation that is working its way through Tea-Publican Legislatures across the country. There are currently bills in the Arizona Legislature that seek to ban union payroll deductions, SB 1555 (government employees; union dues; withholding) and HB 2395 (schools; payroll deductions; union dues). These bills quite possibly are the same "model" legislation. The National Right to Work Committee® (issues and legislation).

Alabama U.S. District Judge Lynwood Smith issued a temporary injunction against a law passed by the Alabama Legislature in December that bans school employees from having their Alabama Education Association membership dues directly deducted from their paychecks. The law was to go into effect on Sunday. Federal judge halts ban on payroll deduction to Alabama Education Association | al.com:

Smith filed his ruling just before 5 p.m. In it, he stated that AEA lawyers had "demonstrated a substantial likelihood of success on their claim" that the new law violates the organization's rights to free speech and equal protection as granted under the First and Fourteenth Amendments of the U.S. Constitution.

The lawsuit filed Feb. 25 also claimed that the ban was passed by the new Republican-led Legislature as retaliation for AEA's historic support of Democratic candidates.

All defendants in the suit, except for Gov. Robert Bentley, are enjoined from implementing the new law, Smith writes in his order. As such, they must honor employees' requests for payroll deductions to the AEA.

The order does not apply to Bentley because there are issues over whether the court has jurisdiction over the AEA's claims against Bentley, Smith writes.

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The new law changes the longtime practice that allowed government employees, including those working in local school systems, to automatically have membership dues, voluntary contributions, insurance premiums and other payments deducted from their paychecks.

As state law now reads, no government employee can arrange for automatic deduction for dues to "membership organizations that use funds for political activities."

Some of the language in Alabama’s law is similar to a bill in Florida. Alabama judge overrules union deduction ban as Florida debates similar ban | The American Independent:

According to the Times, it bars government employees from automatically deducting union dues from their paychecks by banning the practice for “membership organizations that use funds for political activities.” Thrasher’s bill bars payroll deductions for dues to “employee organizations” or for political activity.

There have been some red herrings in the debate over the measure in this state. Some of the bill’s backers, such as the Chamber of Commerce, refer to the law as “payroll protection,” arguing it would protect union members from being coerced to hand over money for unions’ political causes. Both Thrasher and other supporters of the bill have said that has nothing to do with it. It’s tough for unions to coerce anyone in a right-to-work state, where membership is optional.

Thrasher says he simply wants to get the state out of the business of collecting membership dues for groups involved in politics. Unions say Thrasher’s bill would threaten their funding and violate their rights, as the Alabama lawsuit contends. Thrasher says banks can start handling payroll deductions instead of the state.

Another day, another anti-union Republican seeking to deprive workers of their First Amendment rights of freedom of association and freedom of speech, and 14th Amendment equal protection under the law.