State Action Unsupported in Law, TRO Granted

ASEA SOA Intereference TROAnchorage Superior Court Judge Gregory Miller issued a temporary restraining order (TRO) against the State of Alaska from interfering in ASEA membership. In his October 3 TRO decision, Judge Miller introduces the State's complaint by writing, "The State of Alaska filed this lawsuit on September 16, 2010 against the Alaska State Employees Association (ASEA). The State alleges a single claim: a request by the State for dclaratory judgement – i.e., that this court decide – whether Alaska Attorney General Kevin Clarkson is correctly interpreting a 2018 U.S. Supreme Court Case, Janus v. American Federation of State, County, and Municipal Employees, Council 31."

Judge Miller observes that, "The State advances a position contrary to the express wording of Janus, contrary to the memorandum opinion issued by his predecessor in office, contrary to all known opinions from other States’ Attorneys General, and contrary to nine federal court decisions, two administrative agency decisions, and two arbitration awards."

pdf Superior Court Temp. Restraining Order against State Interference (Oct. 3, 2019) (848 KB)