The Buckeye Institute has initiated legal action against the Ohio Association of Public School Employees (OAPSE) and the American Federation of State, County and Municipal Employees (AFSCME). The institute filed a lawsuit concerning the continued deduction of dues from the paychecks of public employees who are no longer union members. The case, Chandler v. OAPSE, was filed at the Stark County Court of Common Pleas on behalf of three individuals: Kevin Chandler, Amy Clark, and Charles C. Perry, Jr.
Jay R. Carson, a senior litigator at The Buckeye Institute and attorney for the plaintiffs, commented on the issue, stating: “Since the U.S. Supreme Court’s landmark ruling in Janus v. AFSCME, government unions have claimed that members can quit the union, but union officials will continue to take dues out of workers’ paychecks.” Carson compared the situation to the “Hotel California,” emphasizing the difficulty of fully leaving the union.
Kevin Chandler, a bus driver for Perry Local Schools, resigned from the government union in April 2024, requesting the cessation of dues deductions from his paycheck. However, he received notice in September 2024 that the union recognized his resignation yet would persist in deducting dues.
Amy Clark, a bus aide at Perry Local Schools, experienced a similar situation. After leaving the union in August 2024, she was informed in September 2024 that deductions from her paycheck would continue despite her resignation.
Charles C. Perry, Jr., a technician with the Stark Area Regional Transit Authority, also faced ongoing deductions after resigning from AFSCME in August 2024. AFSCME officials did not stop the deductions until December 2024, although his membership resignation was acknowledged.
The Buckeye Institute seeks several remedies from the court, including ceasing dues deductions from Chandler and Clark's paychecks, an injunction against further deductions, a refund of funds taken post-resignation, covering costs and attorneys’ fees, and a determination of jurisdiction in union contract disputes.
Further updates on Chandler v. OAPSE can be found at BuckeyeInstitute.org/ChandlervOAPSE.