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In recent weeks, a dedicated state physician, Dr. Robert Espinoza, has been in a near legal death struggle with the Union of American Physicians and Dentists, AFSCME Local 206 (UAPD), which is insistent on taking Dr. Espinoza’s money for its own political slush fund without his consent and spending it to influence state politics.
Contributing money is one way. Gavin Newsom.
This resulted in a federal civil right lawsuit. TwoApplications for a temporary restraining or protection order were filed with the U.S. District Court Los Angeles (1st TRO and 2nd TRO).
In 2018, the U.S. Supreme Court affirmed that public employees are entitled under the First Amendment to refuse to subsidize government unions’ political activities. Since then, these same unions have made avoiding this precedent an art.
They also collaborate with legislative cronies in passing new laws to protect their activities. Employees are induced to sign restrictive union membership agreements and this is just the beginning. Forging employees’ signatures on these cards.
Now they’re attempting a new tactic to undercut the Constitution.
Case in point, Dr. Espinoza.
A respected physician and state employee of the California Correctional Health Care Services at Chino State Prison, Espinoza was told that, in addition to regular membership dues deducted from his paychecks, his membership agreement also authorized the union to rake off money for something called the UAPD “Political Action Program.”
Unlike many scenarios giving rise to lawsuits filed in this area, not only is the union taking his money in the form of union dues for its own political pet projects, but UAPD’s program operates as a funnel of members’ money for the union’s favorite California candidates and causes.
These include, but are not limited to, giving Espinoza and his coworkers’ money to:
This list could go on and on but you’ll get the idea. Like many other government labor unions UAPD does more than advocate for its members in their quest to improve wages and work conditions. It’s a committee for political action in every way.
If the members actually gave their consent, this could be constitutional. Espinoza, however, was informed by the union president in a letter that his contributions to UAPD were completely voluntary after he joined.
To end deductions, he only had to let the union be aware.
Only they didn’t end. Even though Espinoza wrote UAPD a note stating that he didn’t consent for his money to be taken by the union, it was still used. AnySpending on politics is a purpose.
However, the union continues to take his money and give it California politicians and other issue campaigns. He doesn’t like it.
Just as the milestone was reached in aiding 100,000 public employees exercise their First Amendment right of opting out of union bondage, Freedom Foundation now takes one of the worst offenders, UAPD affiliate American Federation of State, County and Municipal Employees, (AFSCME) back to court for Dr. Espinoza.
With no other choice but to take the state and union to court, Dr. Espinoza requested a temporary order for Espinoza to safeguard his rights. Surprisingly, Judge David O. Carter refused to grant his request on the grounds that Dr. Espinoza was bound by the terms and conditions of annon-existent contract.
And to add insult to injury, UAPD has continued to take Dr. Espinoza’s money even after representing to the Court that the behavior would cease, necessitating the filing of a second motion for a temporary restraining order, which is currently pending.
UAPD and other government unions simply can’t have it both ways.
Either government unions are private organizations simply minding their members’ interests, or they are pseudo-arms of the state using the force of law to seize members’ money without their affirmative consent for use on their favorite Sacramento politicians and campaigns.
The fight against Dr. Espinoza, and all other California public employees is just beginning.
Timothy Snowball, a California-based litigation lawyer with Freedom Foundation is Timothy Snowball.
This post was last modified on December 8, 2021 5:02 pm
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