Goldwater Institute Warns Phoenix and Tempe of Potential Union Dues Violations
By Carly Moran
Two of Arizona’s largest cities may be unconstitutionally restricting workers who no longer wish to pay dues to their union, according to the nonprofit Goldwater Institute.
The legal firm cites the Supreme Court case Janus v. the American Federation of State, County and Municipal Employees Council 31, in which “the right to eschew association for expressive purposes is … protected” for public sector union members.
Phoenix City Code Section 2-214 restricts the time frame to leave the union to only two weeks out of the year. In addition, multiple memoranda of understanding have been made between the city and labor organizations. Among these groups is the American Federation of State, County and Municipal Employees, Local 2960.
Arizona’s Right to Work laws contain even more restrictions, forbidding entities from imposing “the requirement that any person participate in any form or design of union membership.”
The Goldwater Institute’s staff attorney, Parker Jackson, ended his Feb. 17 communication to Phoenix with a warning.
“In order to prevent ongoing and future unconstitutional activity, the City must immediately revoke or revise City Code Section 2-214, the aforementioned MOUs, any offending payroll deduction authorization form, and any other policy or procedure that imposes these unconstitutional conditions,” the letter reads.
The think tank mentioned similar concerns with Tempe over a memorandum between the city and the United Arizona Employee Association. The union currently restricts when members can choose to disassociate and when pay reductions for dues are revoked.
“We appreciate your prompt and thoughtful consideration and look forward to receiving confirmation that the City has taken actions to bring the UAEA agreement and dues deduction form into compliance with the law,” Jackson says.
Though no response time frame is given, the Goldwater Institute suggests legal action will follow if codes are not quickly aligned with the results of Janus v. AFSCME.
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This article was published by The Center Square – Arizona and is reproduced with permission.
TAKE ACTION
There is an important runoff election for the Phoenix City Council District 6 on March 14. Conservative Sal DiCiccio (R) is term limited and will be replaced by the winner of this race. The two candidates are Republican Sam Stone and Democrat Kevin Robinson. If you live in District 6 (check here), you either received a mail-in ballot or you must vote in person (see below).
This is a very important race that will determine the balance of power on the City Council. Phoenix, like many large cities in conservative states, has tended blue with the consequences many cites suffer from with progressive governance. Have you noticed the growing homeless problem in our city?
Conservative Sam Stone is the strong choice of The Prickly Pear and we urge our readers in District 6 to mail your ballots in immediately and cast your vote for Sam Stone. Learn about Sam Stone here. Sal DiCiccio’s excellent leadership and term-limited departure from the Phoenix City Council must not be replaced by one more Democrat on the Council (Democrat Robinson endorsed by leftist Mayor Gallego). Sam Stone is a superb candidate who will bring truthful and conservative leadership to the Phoenix City Council at a time when the future of Phoenix hangs in the balance between the great history of this high quality, desert city we can live in and are proud of or the progressive ills of Los Angeles and San Francisco.
Mail-in ballots were sent to registered voters in District 6 on the February 15th. Mail your ballot no later than March 7th – it must be received by the city no later than March 14th to be counted. If you are not on the Permanent Early Voting List you must cast your ballot in person.
In-person balloting at voting centers will occur on three days in mid-March:
- Saturday, March 11: 10 a.m. to 4 p.m.
- Monday, March 13: 9 a.m. to 6 p.m.
- Tuesday, March 14: 6 a.m. to 7 p.m
In-person voting can be done at the following locations:
- Sunnyslope Community Center, 802 E. Vogel Ave.
- Bethany Bible Church, 6060 N. Seventh Ave.
- Devonshire Senior Center, 2802 E. Devonshire Ave.
- Memorial Presbyterian Church, 4141 E. Thomas Road
- Burton Barr Central Library, 1221 N. Central Ave.
- Eastlake Park Community Center, 1549 E. Jefferson St.
- Broadway Heritage Neighborhood Res. Ctr., 2405 E. Broadway Road
- South Mountain Community Center, 212 E. Alta Vista Road
- Cesar Chavez Library, 3635 W. Baseline Road
- Pecos Community Center, 17010 S. 48th St.
You can also vote in person at City Hall through March 10th on the 15th floor. City Hall is at 200 W. Washington St.
This article is courtesy of ThePricklyPear.org, an online voice for citizen journalists to express the principles of limited government and personal liberty to the public, to policy makers, and to political activists. Please visit ThePricklyPear.org for more great content.
