Tracy Cox, et al. v. Association of Oregon Corrections Employees, Inc., et al.

The First Amendment protects public employees against public sector unions’ efforts to compel speech and association through mandatory membership or payment of union dues. Abood v. Detroit Bd. of Ed., 431 U.S. 209 (1977); Janus v. Am. Fed’n of State, Cnty., & Mun. Emps., Council 31, 585 U.S. 878 (2018). Government unions, however, increasingly violate the First Amendment by refusing to allow members to disassociate – to resign – from union membership when once it has been entered. In Oregon, the State grants government unions the right to control membership and dues deductions. The government union violated the Petitioner’s right to disassociate by charging $500 if they later decide to rejoin the union, and by requiring them to waive the union’s duty to fairly represent them. The courts below concluded that the First Amendment does not protect employees against their union, and therefore the union can confidently place any burden on employees’ right to resign. The question presented is: Does the First Amendment protect a public employee’s right to disassociate from the union? (i)