AUSTIN - Public employers must ensure that employee consent to a payroll deduction for union dues is collected in a way that ensures voluntariness, according to Attorney General Ken Paxton.
Earlier this year, the AG’s Office received an opinion request on on the application of the Janus v. AFSCME decision to payroll deduction of public union members.
Janus, a 2018 Supreme Court opinion, found that millions of public servants no longer have to pay a government union as a condition of employment.
State Rep. Briscoe Cain, District 128, submitted the request, seeking an opinion on three matters related to payroll deductions being used to support public sector unions, which are:
Does Texas and its political subdivisions have an obligation to provide their employees with notice of their First Amendment rights against compelled speech?
If there is such an obligation, would certain information be legally sufficient when providing this notice?
And how long should a waiver of constitutional rights remain valid before needing to be affirmatively renewed?
On May 31, Paxton issued his opinion, finding that, “at minimum, public employers must ensure that employee consent to a payroll deduction for membership fees or dues in a union or employee organization is collected in a way that ensures voluntariness, such as requiring direct provision of authorization from an employee to an employer.”