UDW/AFSCME 3930 is collecting funds from
In-Home Support Services (IHSS) home care providers
in these counties
Alpine, Butte, El Dorado, Imperial, Kern, Madera, Mariposa, Merced, Mono, Nevada, Orange, Placer, Plumas, Riverside, San Diego, San Luis Obispo, Santa Barbara, Sierra, Stanislaus, Sutter, Tuolumne.
How In-Home Care Providers in California Can Opt Out of UDW/AFSME Dues
For many years now, a private organization, UDW 3939, has injected itself into the relationship between caregivers and their clients, and has collected money from IHSS caregivers' pay. However, because of the U.S. Supreme Court's June 2014 decision in Harris v. Quinn, individual provider home care aides can now demand that UDW/AFSCME cease withholding union dues/fees from their paychecks.
The court referred to the requirement for partial-public employees like IHSS 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.
Even if you never signed a union membership card, the state and union will still automatically withhold dues from your pay until you demand in writing that the deductions stop. You can opt out of UDW 3939 dues by completing this form and mailing it to UDW.
There is no penalty for opting out. Your ability to serve clients and receive IHSS funding is not affected. The difference is that you receive the full amount of the funds for the services you provide.
Frequently Asked Questions
What do I have to do in order to get UDW/AFSCME to stop deducting dues from my IHSS checks?
Individual providers who wish to opt out of paying dues to support UDW/AFSCME simply have to complete this letter and mail it to the union at the address provided. It's a good idea to send the letter via certified mail or a similar service that provides you with proof of delivery.
How much money is UDW/AFSCME taking from my IHSS funds as dues?
According to federal filings, the union's dues in 2015 were around $480 per year.
Can I still be paid to serve IHSS clients if I opt-out of paying dues to UDW/AFSCME?
Yes. Under state law, the union contract for individual providers is binding on all providers, 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 be paid by the state to work for IHSS clients.
How will my relationship with the union change if I resign my membership in UDW/AFSCME and stop paying dues?
While the terms of UDW's contract will still apply to you and your relationship with your client and the state will remain unchanged as a nonmember, 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 UDW/AFSCME spend my dues money?
UDW/AFSCME does not function like a traditional union. It cannot represent providers in workplace disputes or grievances, because individual providers have an employer-employee relationship with their clients, not the state. The core of UDW/AFSCME activity involves negotiating an agreement with the County IHSS Offices or IHSS Public Authorities. Despite its limited role, UDW/AFSCME had a paid staff of at least 442 last year and collected tens of millions of dollars in dues from providers.
UDW Executive Director, Doug Moore, received a salary of over $303,924 last year.
AFSCME national president Lee Saunders received a salary of $351,939 last year.
AFSCME's National 2015 LM-2 report is available here.
AFSCME's National 2014 LM-2 report is available here.
AFSCME's National 2013 LM-2 report is available here.
AFSCME's National 2012 LM-2 report is available here.