CAPE-Represented Agency Fee Payers:
This notice is to advise you of a decision made June 27 in the U.S. Supreme Court Case of Janus v. AFSCME Council 31 and how it pertains to you and your fair share contributions to CAPE.
As part of a CAPE-represented bargaining unit, but not a full dues-paying member of the Association, you have been paying .85% of the 1% dues. However, the U.S. Supreme Court has held that public sector unions can no longer collect agency fees from employees who are not full dues-paying members, but who work in bargaining units represented by a union. This was previously allowed under a more than 40-year-old U.S. Supreme Court case called Abood v. Detroit Board of Education (431 U.S. 209). As a public sector union, the Janus decision includes the California Association of Professional Employees and its bargaining units.
Therefore, CAPE will no longer collect your .85% Agency Fee. Your status in our system as an Agency Fee Payer is now Non-Member. As a Non-Member, you are not allowed to participate in contract negotiations and related presentations. You are not allowed to vote on ratification for a new contract. Additionally you are not allowed to vote for the CAPE Board of Directors or run for a position or office in the union, or be a CAPE delegate in your workplace.
Representation by CAPE is also limited. Additionally, you are not eligible to participate in members-only benefits or events, such as CAPE-sponsored seminars and the annual Membership Dinner.
If you would like to become a full dues-paying member of the California Association of Professional Employees, you may fill out an application online by visiting http://www.capeunion.org/membership-application. The PDF is fillable and allows for a digital signature. You can save and email to [email protected], or print and mail to CAPE, 3018 E. Colorado Blvd. Suite 200, Pasadena, CA 91107. You may also print, fill out and fax to 626.243.0368. Please be sure to indicate in your email or printed application your polo t-shirt size and movie ticket preference (AMC, Regal or Pacific theaters).
To learn more about the benefits of CAPE membership, click here.
Human Resources and Auditor-Controller officials for Los Angeles County have been contacted regarding this decision. You will see the removal of the Agency Fee from your July 15 paycheck stub.
IMPORTANT: You will see a CAPE deduction on your June 29 paycheck. This is because your Agency Fees were collected in arrears. The fees deducted for the June 29 check covers the period of June 1-15.
PLEASE NOTE: If you participate in the CAPE/Blue Shield plan, you will still see a "CAPE" deduction on your paycheck stub. This is because the County uses one line to show deductions for both your Agency Fee and the CAPE/Blue Shield health insurance plan and its additional benefits (Lifelock and Short Term Disability).
If you have any questions, please call the CAPE office at 626.243.0340.
As a former CAPE Agency Fee payer, you've already contributed to CAPE's bargaining victories over the years. We hope you will consider continuing in your support of CAPE's work representing you and your fellow bargaining unit members. Full membership dues are 1%, which is just .15% more than what you were paying as an Agency Fee Payer. As we enter negotiations with the County, it's important that we show our strength in numbers to ensure the best contracts possible.
Thank you for your support of CAPE as an Agency Fee payer. We look forward to welcoming you as a full member!
In Solidarity,
Carlos Clayton, P.E. President, California Association of Professional Employees
(CAPE, AFL-CIO)