Plaintiff in Landmark Right-to-Work Case Asks Court to Force Union to Return Stolen Money

‘The union shouldn’t get to profit from behavior that the Court recognized as unconstitutional…’

Supremes Halt Gov't-Backed Public Union Theft of Employee Wages

Mark Janus/IMAGE: YouTube

(Claire Russel, Liberty Headlines) Mark Janus, the plaintiff who won a landmark decision before the Supreme Court in favor of Right-to-Work legislation, is petitioning a federal appeals court once again.

This time, he is, asking that the court force union officials to return thousands of dollars in dues they took out of his paycheck without his consent.

Janus, a former Illinois child support specialist, took the American Federation of State, County and Municipal Employees to court after the union forced him to pay dues though he repeatedly declined the union’s representation.

The Supreme Court ruled in his favor, but the 7th Circuit Court of Appeals ruled earlier this year that AFSCME could keep the money it took from Janus’s paycheck.


“Mark Janus is simply asking the 7th Circuit to remedy the years of unconstitutional conduct AFSCME bosses have perpetrated at his and other public sector workers’ expense,” National Right to Work President Mark Mix said in a statement.

“Union bosses’ arguments do not change the fact that unions around the country are still flush with dues money that was seized in violation of public employees’ First Amendment rights,” Mix said.

Last year, the Supreme Court overturned 40 years of bad precedent when it ruled the AFSCME could not force nonunion workers to pay fees. Janus had argued the $45 monthly fee was unconstitutional and that they infringed on his First Amendment rights.

“Compelling individuals to mouth support for views they find objectionable violates that cardinal constitutional command, and in most contexts, any such effort would be universally condemned,” Justice Samuel Alito wrote in the majority opinion.

Janus is now asking the 7th Circuit to follow the Supreme Court’s ruling through to its logical conclusion and return the money that was unlawfully taken from him.

“The Supreme Court agrees with me—the union was wrong to take money out of my paycheck without my permission,” Janus said in a statement.

“The union knew what it was doing was wrong,” he added. “The union shouldn’t get to profit from behavior that the Court recognized as unconstitutional.”