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About
Knox vs. SEIU:
In order to
fight against Proposition 75 & 76 SEIU Local 1000's (here in after, SEIU) leaders
decided to increase the dues by 0.25% of the fee payers’ monthly gross
income. Based on a cursory assessment and vote from 63 members of
Executive Council, SEIU increased the dues from September 1, 2005 to
December 31, 2006.
By law, SEIU
was required to inform the nonmembers/Fair Share Fee Payers (hereinafter
FSFPs) and give them a chance to opt out of paying the fee increase;
However, SEIU intentionally did not inform the FSFPs.
Knox vs.
SEIU: 8 FSFPs on behalf of themselves and the rest of FSFPs filed a
Class Action Lawsuit against SEIU in the US District Court. The 8 FSFPs
contended that SEIU increased the dues solely for the political purposes
and failed to inform the FSFPs, which was a violation of the FSFPs' 1st
and 14th amendment rights, and deprived them of a chance to opt out of
paying the increased dues.
SEIU denied
the charges and began to fight the FSFPs. The District court certified
the class action lawsuit, which became to be known as Knox v. SEIU.
Through a summary judgment, the court found SEIU guilty as charged and
ordered them to refund back the increased dues, which SEIU had illegally
collected from FSFPs from September 1, 2005 through June 30, 2006, plus
the interest and a nominal damage of $1.
Note: SEIU was not responsible for the period of July 1, 2006
through December 31, 2006, because this period was included in the
Hudson notice of 2006, which was mailed to the FSFPs in May of 2006.
SEIU still did not admit to the fact that they had wrongfully collecting
increased dues from the FSFPs and appealed to the US Court of Appeal, 9th
District Circuit. Court of Appeal overturned the decision of the US
District Court.
The 8 class representatives appealed to the US Supreme Court and
requested review of the case and lower courts' decisions. US
Supreme Court granted the review of the case and likely Knox v. SEIU
will be reviewed in January/February of 2012.
SEIU still adamantly kept fighting and filed a motion to dismiss the
request of FSFPs' for review by US Supreme Court.
US
Supreme Court rejected SEIU's motion to dismiss and kept the case on
schedule to be reviewed in January/February of 2012.
SEIU has deceitfully made two attempts to settle the case with the 8
class action representatives by offering them thousands of Dollars, but
our brave class representatives have twice turned down SEIU's offer to
settle and have steadily strived to defeat SEIU and set a nationwide
precedent to stop corrupt unions like SEIU from stealing fee payers
money..
Highly likely US Supreme Court will uphold the decision of the US
District Court, which found SEIU guilty of illegally collecting
increased dues from FSFPs. And that is why SEIU has sent out a
notice to FSFPs with $1 bill and gave them a chance to request the
refund of the fee increase, which they paid during September 1 of 2005
and June 30th of 2006.
SEIU is hoping that a few of the FSFPs will apply to claim their refund.
As usual SEIU acted deceitfully and with bad faith. They knew
exactly which FSFPs they illegally collected fee increase from, instead
of sending them a notice and give them an option to claim their refunds,
they must have refunded them the increase dues plus the interest and the
$1 nominal damage.
Who
should be expecting a refund: If you were a state employee in bargaining
union 1, 3, 4, 11, 14, 15, 17, 20, and 21 during the September 1, 2005
and June 30, 2006 and you were not a union member, you can apply to get
a refund for the illegally fee increase, which was collected from you
plus the interest and the $1 nominal damage. If you are in doubt
apply any way.
If
you have not received your refund yet:
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Call SEIU at: 916-554-1200
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Or Call SEIU Membership office at: 916-326-4200
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If SEIU refused to give you your refund, write
to: CPPEA, P.O. Box 1436, Citrus Heights, CA 95611
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