Class Action Claims CA State Controller, SEIU Local 2015 Seize Dues from Those Who Do Not Consent to Join IHSS Union

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California State Controller Betty Yee, in her official capacity, and SEIU Local 2015 face a proposed class action lawsuit wherein the plaintiff claims the parties have unlawfully seized union dues from In-Home Supportive Services (IHSS) providers who have made clear they do not consent to pay union dues.

The 21-page case explains IHSS is a Medicaid program through which income-eligible individuals with disabilities can receive aide services at home to avoid institutionalization. Those enrolled in IHSS, the suit says, can use their IHSS subsidies to hire a personal care provider, who in many instances is a family member, to assist with daily activities. Personal care providers in California are compensated through the State Controller, the complaint notes, pointing out that while they’re not public employees, IHSS care providers are deemed as such under California law and are represented by a union, SEIU Local 2015.

The plaintiff is an IHSS care provider for her daughter, the lawsuit states. Upon becoming a provider, the suit says, the plaintiff was automatically subject to SEIU Local 2015’s representation. The woman claims that while she received an unsolicited phone call from SEIU Local 2015 in which she was told of membership terms and dues information, she does not recall being notified by the defendant’s solicitor that she had a First Amendment right not to join or subsidize the union.

“[The plaintiff] does not recall signing any written document in which she agreed to be a union member, agreed to have union dues deducted from her IHSS payments, or agreed to waive First Amendment rights,” the complaint states.

The lawsuit goes on to claim the plaintiff received a notice from SEIU Local 2015 a month after her phone call with its solicitor informing her that union dues would be deducted from her IHSS payments and could only be stopped by providing written notice during a 15-day period prior to the date on which she agreed to have dues deducted.