Buckeye Reporter

The Buckeye Institute has initiated legal action against the American Federation of State, County and Municipal Employees (AFSCME) in a case concerning union wage deductions. The lawsuit was filed on behalf of Cindy DuPuis and Tiffany Binder, both residents of Lucas County, Ohio. This case, DuPuis v. AFSCME, is currently in the Lucas County Court of Common Pleas.

According to Jay R. Carson, senior litigator at The Buckeye Institute and attorney for the plaintiffs, "Ms. DuPuis and Mrs. Binder ended their contracts with AFSCME on the day they quit the union, and under Ohio law, all dues deductions should have ended immediately." Carson emphasized that "the union’s refusal to recognize the rights of The Buckeye Institute’s clients is a violation of Ohio law and our clients’ rights under the U.S. Constitution."

Cindy DuPuis has been employed by Toledo Public Schools since 2008 as a treasury specialist since 2012. Her daughter, Tiffany Binder, previously worked as an accounting clerk for Toledo Public Schools but resigned due to dissatisfaction with her treatment by both the school district and the union.

In August 2023, both Ms. DuPuis and Mrs. Binder informed union officials that they were leaving the union and requested an end to dues deductions from their paychecks. However, responses from the union were delayed—one month for Mrs. Binder and three months for Ms. DuPuis—and ultimately unhelpful as they continued deducting dues despite acknowledging that neither woman was still a member.

The situation worsened for Mrs. Binder during her maternity leave when she was informed she would return to work as a substitute clerk despite having seniority; she received no assistance from the union during this time while it continued collecting dues from her paycheck.

Driven by frustration over these issues, Mrs. Binder resigned from her position while Ms. DuPuis continues her employment with Toledo Public Schools but remains persistent in sending monthly letters requesting cessation of paycheck deductions.

The Buckeye Institute seeks several remedies through this lawsuit: cessation of deductions from Ms. DuPuis' paycheck; refunding monies taken post-union resignation; issuing an injunction against future membership dues deductions; awarding court costs to both women; determining whether SERB or Ohio courts have jurisdiction over such disputes.

Further updates on this case can be found at BuckeyeInstitute.org/DuPuisvAFSCME.