State Workers Sue To Recoup Union Dues After Supreme Court Decision

SACRAMENTO (CBS13) — Two former state workers are suing to get their money back for union dues they paid before a US Supreme Court decision in their favor.

Last month, the Supreme Court issued the so-called Janus decision on collective bargaining, saying employees cannot be forced to pay union dues. The court says it violates workers' first amendment rights when the government forces them to pay a fee to a union they oppose.

So, from June 27, when the decision came down, non-union workers can legally stop paying union dues.

So do they still get union benefits without paying?

The answer is yes. According to a California statute, "A union owes a duty of fair representation to all employees in the bargaining unit (City of Los Angeles vs Los Angeles City employee relations com.)"

Now, in a class action lawsuit filed in Sacramento County Court, two former state of California employees want a refund for all the money they paid their union before the June 27 ruling.

But can employees go to court and ask for refunds?

UC Davis Law Professor Aaron Tang says it will likely be a losing battle.

"They're gonna say, if it violates my rights today - it violated my rights last year, too and the year before when the government was forcing me to pay these fees," said Tang. "Everyone agrees they can't charge fees moving forward, but until June 27 what they were doing was perfectly constitutional it didn't violate anyone's rights," said Tang.

And even if a federal court agrees that unions should give refunds, Tang says there's still a statute of limitations. So, he says employees won't get decades worth of payback.

Still, it could cost unions billions of dollars in the future.

"Every worker could now raise their hand and say oh, well I would've objected also," said Tang.

It's a process, he says could make its way all the back up to the Supreme Court.

EDITOR'S NOTE: The story has been edited to add clarity to Professor Tang's remarks.