Victory for Working People as the U.S. Supreme Court Ends Meritless and Baseless Lawsuit Against AFSCME Council 5
After years of litigation and repeated court losses, a lawsuit brought against AFSCME Council 5 has officially come to an end and every single court to review the case ruled in our union’s favor, reaffirming once again that our union proudly acts lawfully, ethically, and in the best interests of our union members. This is a major win for workers' rights, and your union at work will always fight for YOU!
Late last week, the United States Supreme Court deniedto hear an appeal in the meritless casefiled by a former member, ending this lawsuit for good and allowing all previous rulings that dismissed the claims to stand.
This is a powerful reminder that anti-union attacks by billionaire and corporate-funded groups will not succeed in silencing our collective voice. We are grateful for our AFSCME Council 5 legal team and our AFSCME International Legal Department for the incredible work we did together to defend our union members. This is an important victory not only for our Council 5 members, but for ALL union members across the country. We fought them back, we won, and we prevented further erosion of workers' rights.
What Was the Case About?
The case was filed by a State of Minnesota Department of Human Services (DHS) employee who made two meritless claims:
- That AFSCME Council 5 forged his union membership card, and
- That the Union violated his First Amendment rights by requiring him to wait for a designated annual opt-out period to stop dues deductions
These were serious accusations. That is exactly why the courts took them seriously, and rejected them at every step.
➡️ The courts found:
- NO evidence of forgery
- NO violation of constitutional rights
- NO unlawful conduct by AFSCME Council 5
➡️ In plain terms: the claims were found to be without merit, and our Union followed the law throughout the entire process.
Why These Cases Exist in the First Place
This lawsuit was part of a broader wave of coordinated, post-2018 legal attacks on labor unions following the U.S. Supreme Court’s decision in Janus v. AFSCME that removed our ability to charge fair share fees for the costs of representation and contract enforcement. You may know some of these organizations because they may send you emails or mail to your home.That is who they REALLY are.
Since then, these national and state anti-union and billionaire and corporate-funded groups have aggressively pushed lawsuits across the country in an effort to:
- Undermine unions and workers' rights
- Restrict how workers join and leave their union
- Create confusion and mistrust around union membership
- Encourage workers to give up their rights and drop their union membership
This case was one of those attacks — and it failed!
Why This Matters for Union Members
This outcome sends a clear message:
- Union membership remains protected by law
- Unions may enforce reasonable administrative rules and processes
- Anti-union and billionaire and corporate-backed legal attacks will not break worker solidarity
- Most importantly, it reaffirms that AFSCME Council 5 operates lawfully, ethically, and in the best interests of our union members and all working people.
Our Union Is Strong Because Our Members Are Strong!
Attacks on unions are really attacks on all working people. Attacks on our right to collectively bargain, advocate for safe workplaces, protect public services, and negotiate better wages and benefits. Those organizations are often funded by extremely wealthy people and corporations with the express purpose to DESTROY workers' rights and to weaken unions so they can have all the power and influence in our economy. Meanwhile, our union is funded by individual workers who voluntarily come together to form a powerful collective force to improve our lives. Unions are the people-powered counterweight to corporate greed!
AFSCME Council 5 will continue to defend our union members, uphold the law, and fight every day for dignity, fairness, and respect on the job. And we welcome workers who are currently not members yet, to join our movement for jobs and justice.
In solidarity,
Bart Andersen
Executive Director
AFSCME Council 5