Union vs. Freedom Foundation

Union Members,

I want to alert you to a decision the U.S. Ninth Circuit Court of Appeals issued last week in Freedom Foundation v. Teamsters Local 117. The Freedom Foundation brought this case against three Teamsters local unions that refused to accept or to open mail sent to them by the Freedom Foundation. The trial court said there is a distinction between mail submitted by union members to their union and mail submitted by a third party, like the Freedom Foundation and dismissed the Freedom Foundation’s claims. Significantly, the court concluded that the local unions’ refusal to open third-party mail did not violate their members’ First Amendment rights. The Appeals Court agreed with the trial court’s decision and denied the appeal.

The court’s decision can be relied upon as being the law within the geographic jurisdiction of the Ninth Circuit, which covers the states of Alaska, Arizona, California, Hawaii, Idaho, Montana, Oregon and Washington. We expect the Freedom Foundation will seek review by the U.S. Supreme Court, and we will inform you in the unlikely event that the Court accepts the case.

In the meantime, in light of this decision, I urge you to review the attached guidance previously issued by our General Counsel relating to the processing of membership and dues revocation requests, including the rejection of mail from third parties.  It also includes recommendations for adopting a policy to refuse drop requests that are solicited or submitted by organizations known to spread misinformation or engage in misrepresentations or fraud against our members, like the Freedom Foundation.

You should be aware that we are currently in discussion with some state Attorneys General regarding the Freedom Foundation’s use of fraudulent mailers. To assist with those conversations, please send any mailings that target your members to General Counsel Teague Paterson at tpaterson@afscme.org.

Lee Saunders

President

AFSCME

Michael A. Begatto

Executive Director

AFSCME, Council81

302-323-2121 office

302-530-5500 cell