How Certified and Registered Family Child Care Providers in Oregon Can Opt Out of AFSCME Dues
For years, certified and registered family child care providers were required to pay union dues to AFSCME Local 132 (Oregon Child Care Providers Together)/AFSCME Council 75 as a condition of employment and the state automatically deducted union dues from providers' state paychecks.
However, because of the U.S. Supreme Court's June 2014 decision in Harris v. Quinn, family child care providers can now demand that AFSCME cease withholding union dues/fees from their state paychecks.
The court referred to the requirement for partial-public employees like family child care providers to pay union dues as a money-making "scheme" for the union and ruled that the mandatory dues requirement violated providers' First Amendment rights to freedom of speech and association.
You can opt out of AFSCME dues by completing this form and mailing it to the address provided.
IMPORTANT UPDATE: AFSCME has arbitrarily decided to only allow family child care providers to opt out during a 10-day period each year. The 10-day window is different for each provider and is based on the date you first signed an AFSCME membership form. If the union receives your opt-out form outside your window, it will ignore your request and continue deducting dues from your pay.
In order to make the process as easy as possible for workers who wish to opt out, we are asking workers to send their opt-out forms to the Freedom Foundation instead of AFSCME. We will submit your form and help you navigate the union’s 10-day window restriction.
Frequently Asked Questions
What do I have to do in order to get AFSCME to stop deducting dues from my state reimbursement checks?
Certified and registered family child care providers who wish to opt out of paying dues to support AFSCME need to complete this letter and mail it to:
Executive Director, AFSCME 75
C/O Freedom Foundation
P.O. Box 18146
Salem, OR 97305
How much are AFSCME Local 132 dues?
According to federal filings, the union’s dues in 2016 were $35 per month, or $420 of your pay each year.
Can I still work for state-paid clients and receive DHS subsidy payments if I opt out of paying dues to AFSCME?
Yes. Under state law, the union contract for certified and registered family child care providers is binding on all providers in the state, regardless of whether they want to be union represented and regardless of whether they choose to pay union dues. Opting out of paying dues will in no way affect your ability to serve state-paid clients or receive subsidy payments from the state.
If I stop paying dues to the union, will I still receive the same wages and benefits specified in AFSCME’s contract with the state?
Yes. AFSCME Local 132 has arranged to be the "exclusive bargaining representative" for all certified and registered family child care providers in the state, meaning that it is impossible for providers to get out of the terms of the contract, even if they cease paying dues. Your state subsidy rates and benefits will be the same whether you are a member of the union or not.
Article 13 of the contract even provides, “no provider, on account of membership or non-membership, shall be discriminated against, intimidated, restrained or coerced in or on account of the exercise of rights granted by the collective bargaining agreement.”
If I stop paying dues, will I still be able to attend child care training?
If you resign your union membership and stop paying dues, you will still be able to attend any training offered by non-union sources like the Department of Human Services and the Office of Child Care. However, it is possible that you may not be able to attend training provided by the union.
How will my relationship with the union change if I resign my membership in AFSCME and stop paying dues?
While the terms of AFSCME’s contract will still apply to you and your relationship with your client and the state will remain unchanged as a nonmember of AFSCME, you will no longer be able to participate in internal union affairs, such as attending union meetings, participating in contract ratification votes or voting for union officers.
How does AFSCME spend my dues money?
AFSCME Local 132 does not function like a traditional union. It cannot represent providers in workplace disputes or grievances, because certified and registered family child care providers have an employer-employee relationship with their clients, not the state. The core of AFSCME's activity involves negotiating a new collective bargaining agreement with the state once every few years. For practical purposes, the primary union for certified and registered family child care providers is AFSCME's statewide affiliate, Council 75.
According to reports the union must file with the U.S. Department of Labor, AFSCME Council 75 had a $13.4 million budget in 2016.
- $2.2 million (over 16 percent) was spent on political candidates and causes in Oregon.
- $50,000 was paid to the "Northwest Accountability Project," a website created to attack the Freedom Foundation for informing care providers of their constitutional rights.
- $1.5 million was used to fund "Yes on 97," the campaign for a 2016 ballot measure that 60 percent of Oregonians rejected.
- Over $400,000 was given to other unions and ideological nonprofit groups.
- $140 thousand was spent on hotels, airfare and food for union staff.
In addition, AFSCME's national headquarters regularly spends large sums on extreme political candidates and causes. Over the past few years, AFSCME has given a total of $435,000 to Planned Parenthood, the nation's largest abortion provider.
12 AFSCME Council 75 employees were paid six-figure salaries last year.
AFSCME Council 75 director Stacy Chamberlain received a salary of $111,654 last year.
AFSCME national president Lee Saunders received a salary of $356,224 last year.
- AFSCME Local 132's 2016 LM-3 report is available here.
- AFSCME Local 132's 2015 LM-3 report is available here.
- AFSCME Local 132's 2014 LM-3 report is available here.
- AFSCME Local 132's 2013 LM-3 report is available here.
- AFSCME Local 132's 2012 LM-3 report is available here.
- AFSCME Council 75's 2016 LM-2 report is available here.
- AFSCME Council 75's 2015 LM-2 report is available here.
- AFSCME Council 75's 2014 LM-2 report is available here.
- AFSCME Council 75's 2013 LM-2 report is available here.
- AFSCME Council 75's 2012 LM-2 report is available here.