Oregon law criminalizes union opt-out notices, with New York poised to follow

Oregon enacted a statute that bans mailers informing public employees of their First Amendment right to quit union dues, and a similar bill is awaiting Governor Kathy Hochul's signature in New York.

A new Oregon law effectively criminalizes the distribution of mailers that tell public employees they may exercise their First Amendment right, confirmed by the Supreme Court’s 2018 Janus decision, to stop paying union dues without losing their jobs. The statute’s broad language threatens any external communication about that right, and the Freedom Foundation has taken the issue to the 9th Circuit, arguing that the government cannot prohibit truthful speech simply because unions find it inconvenient.

In New York, legislators have passed a comparable measure, A.10835-A, which would empower the state attorney general to investigate and fine entities that “falsely impersonate” a union; the bill remains unsigned by Governor Kathy Hochul. Parallel abuses have been reported in California, where union officials allegedly locked caregivers in orientation rooms and forged signatures to force dues deductions, leading to a class-action suit and numerous unfair-labor-practice charges.

Since Janus, more than 295,000 public workers have left unions, depriving them of an estimated $848 million in dues, highlighting the financial stakes for union leadership. Observers contend that instead of competing for members, unions are seeking to hide the opt-out right through legislation and coercive tactics. The piece calls for ensuring workers receive clear information about their choices.