NATIONAL RIGHT TO WORK LEGAL DEFENSE FOUNDATION, INC.
8001 BRADDOCK ROAD, SUITE 600, SPRINGFIELD, VIRGINIA 22160 . (703) 321-8510

RAYMOND J. LAJEUNESSEJR. FAX (703) 321-8239

Vice President Legal Director Home Page 
E-mail rjl@nrtw.org

July 2, 2018

Josh Mandel

State Treasurer of Ohio
30 E. Broad Street, 9th Floor
Columbus, OH 43215

Dear Mr. Mandel:

On July 27, 2018, the United States Supreme Court in Janus v. AFSCME, No, 16-1456, held that the automatic
deduction of moneys from nonmembers? wages for payment to a union "violates the First Amendment and
cannot continue. Neither an agency fee nor any other payment to the union may be deducted from a
nonmember?s wages . . . unless the employee affirmatively consents to pay." Slip op. at 48 (emphasis added).

The Court also held that any agreement by nonmembers to pay money to a union is a waiver of their First
Amendment rights, which "cannot be presumed. Rather, to be effective, the waiver must be freely given and
shown by ?clear and compelling? evidence.? Id. (citations omitted). Obviously, a nonmembei?s authorization for
the deduction of moneys for a union signed prior to Janus under a statute or collective bargaining agreement
requiring payment as a condition of employment was not freely given with knowledge of his or her constitutional
right not to pay and cannot provide any basis for the State?s continued deduction of union fees.

The State should immediately stop the deduction of union fees from the paychecks of all nonmember state
employees. At least one other state comptroller has announced the immediate cessation of nonmember
deductions. If you do not immediately follow that example, Foundation staff attorneys will bring a civil rights
action seeking class-wide injunctive relief, damages, and attorneys? fees for any nonmember state employees
who request their assistance.

Sincerely yours,

e. 2-

Raymond J. LaJeunesse, Jr.

RJL/mmw

Defending America?s working men and women. against the injustices of forced unionism since 1968.