While states around the country have reacted quickly to comply with the U.S. Supreme Court’s landmark ruling in Janus v. American Federation of State, County and Municipal Employees (AFSCME), Washington is isn’t one of them.

The ruling ended the forced unionization of public sector employees, at all levels of government, in every state. 

Prior to the Court’s ruling in Janus, workers who were unhappy with how their government union was representing them could opt out of union membership and receive a refund each year for the portion of dues the union reported as spending on direct political activities, but they were still forced to pay the union “agency fee” to cover the costs of collective bargaining.

The Court recognized everything a government union does, including collectively bargaining with the government, is inherently political, because it pertains to public policy and involves spending taxpayer money.  Therefore compelling a worker to fund that union is forced political speech and a violation of their constitutional rights.

The day of the ruling, the director of Illinois’ Central Management Services sent an email to employees announcing it would stop deducting the now-illegal agency fees from the paychecks of state employees who are not union members, “effective immediately.” 

Other states quickly followed, with New York’s State Comptroller declaring it “will not be deducting agency fees from non-members” for July pay periods.  The Attorney General of New Hampshire directed his state to “immediately stop” deducting union agency fees.  Connecticut Comptroller’s Office confirmed that state is no longer collecting agency fees for state employees who have opted out of union membership.

Even unions around the country, including the National Education Association, have warned their local affiliates the Janus ruling is clear and locals should “immediately take steps to comply with the decision” and that “fee collection must stop…”

In  Washington…crickets.

The state Office of Financial Management (OFM) has yet to provide guidance on how the state plans to proceed with complying with the Janus ruling.  As of yesterday OFM responded it was still holding meetings on the subject.  The state’s Public Employment Relations Commission (PERC) simply says, “Employees with questions about their union dues or agency fee payments should contact their union.” 

Senator Mark Schoesler sent a letter to Governor Inslee asking how the state plans to uphold the rights of public workers and comply with the ruling.

No response.

What is taking so long?  Is the state trying to figure out whether the ruling from our nation’s highest court applies here?  Governor Inslee loves to brag that Washington is a leader on important issues, but on the important issue of protecting the First Amendment rights of public workers, he is strangely silent.

The sound of silence is deafening.  Ignoring the U.S. Supreme Court ruling won’t make it go away.  

Updated: I just heard from a frustrated state worker (a nonmember agency fee payer) who called his human resources department in search of an answer.  He was told the state would not be withholding any agency fees for the pay period of June 16-25, which he is paid for on July 10.  While it is a relief to know the state plans to comply with the Janus ruling, why has the state not simply made this information public, instead of making workers call them for an answer?