(Center Square) – Two large Arizona cities may unconstitutionally restrict workers who don’t want to pay union dues, reports the nonprofit Goldwater Institute.

a law office Quote In a Supreme Court case of Janus v. the American Federation of State, County and Municipal Employees Council 31, public sector union members “the right to refrain from association for purposes of expression is . . . protected.”

Phoenix City Code Section 2-214 limits union withdrawal to only two weeks per year. In addition, several memorandums of understanding have been created between the city and labor organizations. Among these groups is Local 2960, a federation of US state, county and local employees.

Arizona Labor Law include It imposes even more restrictions, prohibiting associations from imposing “requirements to participate in any form or organization of membership.”

Goldwater Institute staff attorney Parker Jackson ended his Feb. 17 contact with Phoenix with a warning.

“In order to prevent ongoing and future unconstitutional activity, the City may enact Section 2-214 of the City Code, the aforementioned MOU, questionable payroll deduction authorization letters, and any other policies or procedures that impose these unconstitutional conditions. It must be canceled or revised immediately.” Letter read.

think tank mentioned There are similar concerns about the Memorandum of Understanding between the City of Tempe and the United Arizona Employees Association.

“We appreciate the prompt and thoughtful consideration and look forward to receiving confirmation that the City has taken steps to bring the UAEA Contract and Membership Deduction Form into compliance with the law,” Jackson said.

No response time frame was given, but the Goldwater Institute has suggested that legal action will follow if the code does not promptly match the results of Janus v. AFSCME.