Supreme Court Rules: Governments Can Outlaw Payroll Deductions for Political Purposes

February 25, 2009 – The February 24 U.S. Supreme Court decision upholding an Idaho state law prohibiting payroll deductions for political activities is disappointing for the IAFF and other labor organizations, but it is not the end of payroll deductions (such as FIREPAC Check-off) for political purposes.

The Court’s decision says it is lawful for states and local governments to disallow check-off for political purposes. However, if a jurisdiction allows check-off for political use, that is fine, too, meaning the law does not affect jurisdictions that already allow it, or may permit it in the future in accordance with their own state laws.

“This decision, obviously, is not good news,” says IAFF General President Harold Schaitberger. “We will likely now be faced with more ballot measures and attempts to pass laws through state and local legislatures to eliminate check-off for political money, but that just reinforces why we play so hard in the political arena in the first place -- so we can use our political power and influence to our advantage -- and now we'll just have to use it to stop legislation that prohibits payroll deductions for political activity.”

“This decision merely permits a state to pass a law to prohibit a public service union from using funds from payroll deductions for political purposes,” says Neil Reiff, IAFF election law attorney with Sandler, Reiff & Young, P.C. “Unless a state has enacted such a prohibition, payroll deductions may be used for political purposes as permitted by state law.”

Idaho passed the law in 2003 prohibiting employers from allowing any payroll deduction for political activities. Prior to 2003, payroll deductions in Idaho were allowed at the employer’s discretion.

Based on this decision, an IAFF affiliate cannot negotiate a provision for political check-off that violates a law in any jurisdiction that prohibits check-off for political purposes.

For example, New York and other states can negotiate payroll deductions because it is permissible under the law in those states. But states like Oklahoma and others that forbid political check-off cannot negotiate for check-off because it is prohibited by law in those states.

“Where we had gray area before, it is now black and white," Schaitberger says. “Keep a close eye on your state and local governments for signs that they may attempt to move a law prohibiting political check-off and let us know when you see it -- as always, we’re in this together.”