Columbus, OH – The Buckeye Institute filed a new lawsuit in another union wage theft case, this time against the American Federation of State, County and Municipal Employees on behalf of Cindy DuPuis and Tiffany Binder, both of Lucas County. The Buckeye Institute filed DuPuis v. AFSCME in Lucas County Court of Common Pleas.

“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,” said Jay R. Carson, senior litigator at The Buckeye Institute and an attorney representing Ms. DuPuis and Mrs. Binder. “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 worked for Toledo Public Schools since 2008 and has served as a treasury specialist in the treasurer’s office since 2012, where she ensures our tax dollars are accounted for and spent as intended. Ms. DuPuis’ daughter, Tiffany Binder, was an accounting clerk for Toledo Public Schools before she left over frustration with her treatment by the school district and the union.

In August 2023, Ms. DuPuis and Mrs. Binder separately notified union officials that they were leaving the union and requested that the union stop dues deductions from their paychecks. The union didn’t respond to Mrs. Binder for a month; in Ms. DuPuis’ case, it was three months. Though the union finally acknowledged the women were no longer members, it refused to stop deducting dues, telling them to send a request during a narrow opt-out window, which was nearly a year away. The union ignored repeated attempts to stop this wage theft. 

For Mrs. Binder, the situation with the union got worse during her maternity leave under the Family and Medical Leave Act. Although the union was happy to take Mrs. Binder’s money, it refused to do anything to support her when the school district informed Mrs. Binder she would return to work as a substitute clerk despite her seniority. While the union helped other employees in a similar position, it refused to assist Mrs. Binder and continued taking her money for doing so.

Mrs. Binder was so upset about her treatment by the school district and the union that she resigned. Spurred by her daughter’s treatment, Ms. DuPuis—who remains employed by Toledo Public School—continues to send monthly letters to the union demanding they stop taking money out of her paycheck, most of which are simply ignored. 

In DuPuis v. AFSCME, The Buckeye Institute is asking the court to order the government union to:

• Stop taking money out of Ms. DuPuis’ paycheck;
• Refund money taken from Ms. DuPuis and Mrs. Binder after they quit the government union; 
• Issue an injunction to prevent further union membership dues deductions from Ms. DuPuis’ paycheck; 
• Award Ms. DuPuis and Mrs. Binder court costs; and
• Declare whether SERB or Ohio courts have jurisdiction in union contract dispute cases.

Stay up-to-date on DuPuis v. AFSCME at BuckeyeInstitute.org/DuPuisvAFSCME.

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