Utah’s Public Employers Are Not Required to Withhold Voluntary Political Contributions from Their Employees’ Paychecks

In Utah Education Association v. Shurtleff, the Tenth Circuit vacated its prior decision and upheld Utah’s Voluntary Contributions Act, which provides that a public employer cannot withhold from its employees’ paychecks any voluntary political contributions, including contributions to unions.

The Tenth Circuit initially agreed with the district court that the Act was unconstitutional because it violated public employees’ First Amendment rights. However, after the Tenth Circuit granted Utah’s petition for a rehearing, the United States Supreme Court, in Ysursa v. Pocatello Education Assoc., 129 S. Ct. 1093 (2009), upheld the validity of Idaho’s similar Voluntary Contributions Act. In Ysursa, the Supreme Court stated that a state “is not required to assist others in funding the expression of particular ideas, including political ones.” As a result, states are not required to “assist political speech by allowing public employers to administer payroll deductions for political activities.”

Based on the U.S. Supreme Court’s ruling, the Tenth Circuit stated it was obligated to vacate its prior decision and uphold the constitutionality of the Act because Utah and its political subdivisions, including cities, school districts, and special service districts, are “under no obligation to aid the Unions’ exercise of their First Amendment rights utilizing payroll systems.” This means that for any payroll deduction agreements entered into after 2001, the year the Act was enacted, the public employer is barred from withholding voluntary political or union contributions.