Seven California home healthcare providers have filed an appeal in their class-action lawsuit against the Service Employees International Union Local 2015.
The lawsuit alleges that union officials skimmed dues money from the seven and other providers’ Medicaid payments in violation of their First Amendment rights and federal law regarding Medicaid payments.
The providers maintain that the union and state are infringing on their rights as recognized by the Supreme Court in Right to Work Foundation-won cases in which the court has ruled that unions violate the First Amendment when they require home healthcare providers who receive some subsidies from the state to pay union dues.
The lawsuit also states that the court previously has held in such cases that no public sector employee could be forced to subsidize union activities as a condition of employment, and that government agencies can deduct union payments from a public worker’s wages only if the employee waives his or her right not to pay.
The lawsuit seeks a ruling that will show as being unconstitutional the taking of union dues without knowing consent and policy restricting the providers from ending the dues deductions. are unconstitutional. The providers also seek refunds of all money that they and any other In-Home Supportive Services program participants had taken from their payments.
