Bellevue School District job postings misinform applicants about union membership, impinging on First Amendment rights of free speech and association

Sep 10, 2019

The Bellevue School District maintains a page on its website with job postings. My eagle-eyed colleague Jason Mercier has discovered these job postings are over a year out of date. These job postings have not been updated to reflect the landmark Janus decision of the U.S. Supreme Court, decided on June 27, 2018.

Jason discovered the Registrar II posting is out of date. Here is another example (emphasis added):

“Custodian Newport HS 2019-20….CONDITIONS OF EMPLOYMENT:  
Operating Engineers Salary Classification Custodian  ($ 22.40 per hour) 8 hours per day, for a 260 day annual assignment.  
This position is covered by a collective bargaining agreement requiring a membership or representation fee as an ongoing condition of continued employment after an individual is hired. Benefits include retirement, medical, dental, vacation, holidays, and other benefits according to Board policy   

The language in bold is illegal.

The Janus decision held that the Bellevue School District does not have the right to force employees to pay union dues as a condition of employment. Doing so is an unconstitutional infringement upon an employee’s rights of free speech and association.

Janus released employees from having to pay union dues to work for the Bellevue School District. In fact, Janus requires the Bellevue School District to obtain the clear and convincing consent of all employees before deducting union dues from their paychecks.  

For employees wishing to opt out of paying dues, this website is helpful.  

Here’s an informative video on the subject.