The National Right to Work Legal Defense Foundation today called out Rhode Island Attorney General Peter Kilmartin and the National Education Association of Rhode Island (NEARI) and its Bristol-Warren local for attempting to mislead government employees in the Ocean State:
The notice comes after Rhode Island Attorney General Peter Kilmartin – who signed onto an anti-Janus brief at the Supreme Court and received major support from union officials in his runs for public office – made the false claim that the U.S. Supreme Court’s ruling “only affects non-union members” and does not apply to union members.Please consider a voluntary, tax-deductible subscription to keep the Current growing and free.
The Attorney General is wrong. Under Janus all government employees have the right to resign their union membership and immediately stop any financial payments to union officials. Because the Supreme Court decision made it clear that public workers must opt-in to any union payments and explicitly waive their constitutional rights, union members cannot be restricted if they seek to resign from the union and stop the payment of any union dues or fees.
The Bristol-Warren Education Association (BWEA) and the National Education Association of Rhode Island (NEARI) also issued a letter blatantly misleading teachers about their Janus rights. The letter claims that union nonmembers must pay a NEARI attorney to file a grievance against the union. However, as the Foundation’s notice states, unions are legally obligated to provide grievance service to both members and nonmembers as part of its exclusive monopoly bargaining status.
The BWEA and NEARI union officials’ letter also incorrectly claims that nonmembers are unable to request days from the Sick Leave Bank, even though the BWEA’s monopoly bargaining agreement establishes the Sick Leave Bank for all teachers, including nonmembers, covered by the agreement.
National Right to Work’s statement is in line with the analysis offered in this space in August.
Government employees in Rhode Island who want more information about their rights can visit MyPayMySayRI.com or National Right to Work’s MyJanusRights.org, where employees can also request free legal assistance.
It shouldn’t be too much to ask that the state’s lead law enforcement agent would offer accurate legal opinions to the public and that labor unions would be more truthful with their own employees.