ASEA Awarded TRO in State Interference

FOR IMMEDIATE RELEASE
October 3, 2019
Contact:  Jake Metcalfe, Executive Director
907-277-5200
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ASEA/AFSCME Local 52 Applauds Judge Miller’s Decision to Grant a TRO Against Dunleavy Attack on Public Employees

Today, Judge Miller granted the State’s largest state employee union with a temporary restraining order against the State’s extreme attack on public employees, writing:

“The State advances a position contrary to the express wording of Janus, contrary to the memorandum opinion issued by his predecessor in office, contrary to all known opinions from other States’ Attorneys General, and contrary to nine federal court decisions, two administrative agency decisions, and two arbitration awards.”

Jake Metcalfe, Executive Director of ASEA/AFSCME Local 52, made this statement: “This is a victory for all Alaska workers. As the judge has found in his issuance of the TRO, the state’s actions have no basis and are in violation of our contract and state law. It is clear this is a political agenda to rob workers of their freedom to come together for a voice on the job.”

In his decision, Judge Miller wrote that the State’s new policy is unsupported by applicable case law. He further stated:

The State’s conduct – including the issuance of its September 26, 2019 administrative order – seems directly at odds with both PERA and the CBA the State signed, in that the State is “interfere[ing] with the formation, existence, or administration of a [labor] organization. The State provides no colorable explanation for why the existing dues authorization form’s annual opt-out period is not sufficient. Employer-sponsored health insurance plans, for example, typically have a once-a-year opt-in/opt-out period, and absent special circumstances such as marriage or divorce, that once-annual decision is binding. Political elections are once every four years. Most contracts are not revocable at will. The State does not explain why union membership should be any different.

“The Governor views public service workers as nothing more than an obstacle to his plans to dismantle the critical services Alaskans rely on every day. He’s right about one thing: Alaska’s public service workers will use our voices to stand up and stick together for the people we serve. And we will never let our voice be silenced,” added Metcalfe.

The Alaska State Employee Association is an affiliate of the AFSCME. ASEA/AFSCME Local 52 and is made up of more than 8,000 hard working public employees in various sectors including pilots, engineers, scientists, parole officers, child protection workers, firefighters, nurses, juvenile justice officers, and health inspectors, to name a few. Their international union, AFSCME, represents over 1.6 million public sector employees and retirees in the nation.

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pdf Press Release--ASEA Awarded TRO against State Interference (Oct. 3, 2019) (297 KB)

pdf Superior Court Temp. Restraining Order against State Interference (Oct. 3, 2019) (848 KB)