City of Everett employee files complaints over dues deductions after quitting union

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City of Everett employee files complaints over dues deductions after quitting union

William L. Messenger Vice President and Legal Director (2023-Present) | NRTWLD&EF, Inc

By Sky Industry News

May 2, 2025

Xenia Davidsen, a custodian with the City of Everett, has initiated legal proceedings against the American Federation of State, County, and Municipal Employees (AFSCME) Council 2 and her employer. The complaints, filed at Washington State's Public Employment Relations Commission (PERC), allege a violation of her First Amendment rights due to the unauthorized deduction of union dues from her wages. Davidsen is supported in her legal action by the National Right to Work Legal Defense Foundation.

Davidsen's case is anchored in the precedent established by the Janus v. AFSCME Supreme Court ruling. This decision protects American public employees from compulsory union dues if they choose not to support the union. The ruling specifies that union dues can only be collected from employees who voluntarily waive their Janus rights, a protection that extends to states like Washington that do not have Right to Work laws.

According to Davidsen, she opted out of her union membership and requested to stop dues payments. However, she claims the City of Everett continued to deduct dues from her paycheck despite her request. AFSCME officials are accused of accepting these deductions without notifying the employer to correct the issue or refunding the money to Davidsen.

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PERC has found merit in Davidsen's charges and has requested responses from both AFSCME and the City of Everett. A subsequent hearing is anticipated.

Davidsen expressed her frustration: “I exercised my constitutional right to stop my hard-earned money from going to the AFSCME union or its officials, but neither my employer nor the union is respecting my freedom.” She emphasized her lack of support for the union, stressing that her money should not be withheld due to legal violations by her employer.

Her complaints detail that in June 2024, she requested to cease dues deductions, a request acknowledged by City of Everett officials the same month. Despite this, deductions continued until February 2025, after which Davidsen sought legal assistance. The union is accused of refusing to return the deducted funds.

Both AFSCME and the City of Everett are accused of violating Washington State labor laws, including those allowing workers the right not to support a union.

Mark Mix, President of the National Right to Work Foundation, criticized the actions of AFSCME officials: “Janus might as well not exist at all to Washington State AFSCME union officials.” Mix argued that union leaders assume they can retain money collected without employee consent, highlighting the importance of voluntarism under the Janus ruling.