To opt out of AFSCME Council 18 dues:
- Enter your information into the form below and click “submit.”
- On the resulting page, click the link to open your customized form. You will also receive an email with a link to your form.
- Print the form. If you check the appropriate box about needing a printed version, we’ll mail you a copy of the form.
- Sign and date the form.
- Mail the completed form to the address at the top of the form. We highly recommend sending it via certified mail.
The American Federation of State, County and Municipal Employees (AFSCME) Council 18 is the designated union for many state and local government employees throughout New Mexico.
For years, public employees in New Mexico have been forced to pay union dues or fees as a condition of employment, allowing unions like AFSCME Council 18 to take their members for granted. However, because of the U.S. Supreme Court’s recent decision in Janus v. AFSCME (2018), public employees can no longer be required to financially support a labor union against their will.
The court ruled that the mandatory dues requirement violated workers’ First Amendment rights to freedom of speech and association, and that public employees have the right to choose for themselves whether to pay any union dues or fees.
You can opt out of AFSCME dues by filling out the form above, printing it and mailing it to the union.
Frequently Asked Questions
You should receive some acknowledgement of your request from the union within a few weeks.
In most cases, union dues are automatically deducted from employees’ paychecks. Monitor your paychecks to make sure the dues deductions stop. If the deductions continue for more than a couple pay periods after submitting your opt-out request, contact the union.
Finally, keep in mind:
Opting out is your constitutional right. However, unions like AFSCME Council 18 sometimes place restrictions on when they will accept opt-out requests. If the union refuses to immediately cancel dues deductions from your pay, ask them to provide you with written documentation and contact us for assistance.
AFSCME Council 18 does not publicly disclose its dues amount, but dues can typically range from several hundred to over $1,000 per year.
Yes. AFSCME Council 18 has arranged to be the “exclusive representative” of its bargaining units, meaning it is impossible for workers to get out of the terms of the contract, even if they cease paying dues.
In exchange for the monopoly of this particular service, AFSCME Council 18 is legally obligated to represent all employees in the workplace, including those who choose not to join the union as members.
The collective bargaining agreement negotiated by the union and your employer will continue to set the terms and conditions of your employment and the union will continue to represent you in grievances, contract enforcement, discipline assistance or other proceedings governed by the collective bargaining agreement.
No. Under state law, a union contract is binding on all employees in a bargaining unit, regardless of whether they are technically union “members.” Your compensation, health benefits, retirement, and anything else governed by the collective bargaining agreement will remain unchanged if you opt out of AFSCME Council 18.
While the terms of the contract will still govern your employment, union officials commonly prohibit nonmembers from participating in internal union affairs, such as attending union meetings, voting for union officers or participating in contract ratification votes. You’ll also be ineligible for any special “members only” benefits, such as discounts on additional insurance, scholarship programs, or deals the union has arranged with businesses. You may no longer receive the union newsletter or similar publications.
People have many reasons for not wanting to support the union. Some simply do not believe the services the union provides are worth the dues it charges. Others may find the union’s one-size-fits-all agenda does not serve them well because they are new to the profession, have a specialty that is not acknowledged in bargaining, or they believe their effectiveness is undercompensated. Some resent the union’s role in enabling and defending underperforming employees. Many find the union’s political activity and use of dues to advance partisan causes, candidates and ideology distasteful. Still others believe that union officials are corrupt and unaccountable to their membership.
Unions representing public employees are not governed by the usual consumer protection or anti-trust laws, so abuses are common. Unions can charge whatever they wish. They can spend dues money on anything they want. Often, they do not have to disclose how dues money is spent to members. They can speak for employees without consulting or informing them. They can injure some members’ interests while advancing the interests of others. Unions even have the ability to prevent employees from getting help in their workplace from other sources. They are not governed by any obligation to provide quality service, and almost never have to seek approval of the people they represent in an election to continue as the exclusive representative.
Sometimes people have a faith-based objection to unions’ expenditures. To learn more about some of the major public unions’ expenditures in light of common faith beliefs, click here.
AFSCME Council 18
AFSCME Council 18 collected $1.98 million in dues and fees from its members in calendar year 2020, according to reports the union must file with the IRS.
In 2018 alone, the union:
- Spent $80,600 on legal fees.
- $50,600 was spent on office expenses
Paid 16 employees, including executive director Connie Derr, who received $133,900.
Also, as of December 2018, AFSCME Council 18 has accumulated a stockpile of $770,300 in cash, savings and cash investments.
AFSCME Council 18’s most recent IRS 990 reports are available here: 2020, 2019, 2018, 2017, 2016, 2015. Since 2018, AFSCME Council 76 from Colorado has merged with Council 18, so its dues revenue and expenditures may be significantly higher than those reported in 2018.
A portion of the dues paid by AFSCME Council 18 members goes to support AFSCME International.
According to a report that the union must file with the Department of Labor, AFSCME International collected $177 million from its members nationwide in 2022.
In that year alone:
- $60 million was spent by AFSCME on divisive political candidates, causes and lobbying. This included $200,000 paid to the far left organization Action for Liberation and $15,200 of campaign support for Stacey Abrams, a radical left political figure in Georgia.
- $3.6 million was paid or contributed to largely ideological organizations. This includes $100,000 donated to the Center For American Progress Action Fund, a left-wing organization that promotes radical social and economic policies.
- $3.3 million was spent on airfare, hotels and travel for union staff.
- $976,875 was spent on attorneys and legal fees.
- $193,310 was spent on food and catering.
AFSCME paid 486 employees in 2022, 224 of whom were paid six figures. AFSCME’s international president, Lee Saunders, was paid $384,155.