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Alaska Supreme Court rejects Dunleavy administration’s plan to change union dues rules

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Alaska Supreme Court rejects Dunleavy administration’s plan to change union dues rules


JUNEAU — The Alaska Supreme Court rejected the Dunleavy administration’s plans to overhaul public sector union membership rules in a unanimous decision issued Friday.

The court’s 24-page opinion said the administration’s interpretation of a landmark 2018 U.S. Supreme Court decision that limited collection of union dues was incorrect, and that the state’s current procedures do not violate members’ First Amendment rights.

The Alaska dispute stems from a 2019 legal opinion written by former state Attorney General Kevin Clarkson, and a subsequent administrative order issued by Republican Gov. Mike Dunleavy to change state policy.

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The Dunleavy administration contacted state employees directly in 2019 and informed them that they would need to fill out a form each year to tell the state they wanted to join a union. The Alaska Supreme Court said that violated state law and the state’s collective bargaining agreements — describing “an anti-union animus” behind the administration’s actions.

In October 2019, Anchorage Superior Court Judge Gregory Miller had temporarily halted the Dunleavy administration’s new union dues rules. Almost 18 months later, Miller ruled against the state and in favor of the unions — a decision that was affirmed by the Alaska Supreme Court on Friday.

Currently in Alaska, union-eligible state employees can voluntarily decide to join a union and can opt out at any time. The Alaska Supreme Court ruled that process was sufficient to comply with the Janus decision, after changes were made by independent former Gov. Bill Walker’s administration to prohibit the mandatory collection of union fees from non-members.

“We are thrilled. We are unsurprised,” said Heidi Drygas, executive director of the Alaska State Employees Association, in an interview about Friday’s decision. “We felt really strongly about our case, and the Supreme Court basically confirmed that — with quite a walloping.”

The 2018 Janus decision stated that non-union state employees could not be forced to pay fees in order to receive benefits negotiated by unions representing their co-workers. But like other courts across the country, the Alaska Supreme Court said that the Janus decision did not extend to requiring opt-in procedures for union members.

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In a prepared statement, Alaska Attorney General Treg Taylor said Friday that the case was about protecting the First Amendment rights of public sector employees. He suggested the state would petition the U.S. Supreme Court to hear the case.

“While the decision from the Alaska Supreme Court was disappointing, it was not surprising, as clarification in regard to the Janus decision ultimately has to come from the United States Supreme Court given its federal constitutional underpinnings,” Taylor said. “We are hopeful that we can get clear guidance from this court in order to make sure State action does not jeopardize individual liberties.”

The U.S. Supreme Court has consistently denied appeals in recent years that have sought to expand the Janus decision to other labor-management questions.

National right-wing advocacy and anti-union groups were supportive of the Dunleavy administration’s plans to overhaul state union membership requirements. The National Right to Work Legal Defense Foundation, which was one group behind the Janus decision, encouraged other state attorneys general to follow the Dunleavy administration’s example.

Jacob Comello, a spokesman for the National Right to Work Foundation, said in an emailed statement Friday that Clarkson and Dunleavy seemed to have a better understanding of union members’ First Amendment protections than the Alaska Supreme Court. He added that “the decision to pay dues must be left in the hands of workers fully informed of their Janus rights, not self-interested union officials.”

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Joelle Hall, president of the Alaska AFL-CIO, said Friday’s opinion was “a great decision” by the state’s highest court. State employees and teachers have reported receiving mailers from Outside groups, which encourage them to leave their unions, she said, adding, “that’s an annoying outcome of Janus, that we have to constantly push back against these people.”

The Alaska Supreme Court found the state liable for damages and the Alaska State Employees Association’s attorney’s fees. Drygas said the union’s costs were expected to be in excess of $430,000, which does not include the state’s attorney’s fees or the contract — worth upwards of $500,000 — that the state signed with a conservative-leaning Virginia-based law firm for help with the case.

A legislative audit into the state’s contracts related to the case is expected to be released later this year.

• • •





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Alaska

Nearly 70 years ago, the world’s first satellite took flight. Three Alaska scientists were among the first North Americans to spot it.

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Nearly 70 years ago, the world’s first satellite took flight. Three Alaska scientists were among the first North Americans to spot it.


On any clear, dark night you can see them, gliding through the sky and reflecting sunlight from the other side of the world. Manmade satellites now orbit our planet by the thousands, and it’s hard to stargaze without seeing one.

The inky black upper atmosphere was less busy 68 years ago, when a few young scientists stepped out of a trailer near Fairbanks to look into the cold October sky. Gazing upward, they saw the moving dot that started it all, the Russian-launched Sputnik 1.

Those Alaskans, working for the Geophysical Institute at the University of Alaska Fairbanks, were the first North American scientists to see the satellite, which was the size and shape of a basketball and, at 180 pounds, weighed about as much as a point guard.

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The Alaska researchers studied radio astronomy at the campus in Fairbanks. They had their own tracking station in a clearing in the forest on the northern portion of university land. This station, set up to study the aurora and other features of the upper atmosphere, enabled the scientists to be ready when a reporter called the institute with news of the Russians’ secret launch of the world’s first manmade satellite.

Within a half-hour of that call, an official with the Naval Research Laboratory in Washington, D.C., called Geophysical Institute Deputy Director C. Gordon Little with radio frequencies that Sputnik emitted.

“The scientists at the Institute poured out of their offices like stirred-up bees,” wrote a reporter for the Farthest North Collegian, the UAF campus newspaper.

Crowded into a trailer full of equipment about a mile north of their offices, the scientists received the radio beep-beep-beep from Sputnik and were able to calculate its orbit. They figured it would be visible in the northwestern sky at about 5 a.m. the next day.

On that morning, three of them stepped outside the trailer to see what Little described as “a bright star-like object moving in a slow, graceful curve across the sky like a very slow shooting star.”

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For the record, scientists may not have been the first Alaskans to see Sputnik. In a 1977 article, the founder of this column, T. Neil Davis, described how his neighbor, Dexter Stegemeyer, said he had seen a strange moving star come up out of the west as he was sitting in his outhouse. Though Stegemeyer didn’t know what he saw until he spoke with Davis, his sighting was a bit earlier than the scientists’.

The New York Times’ Oct. 7, 1957 edition included a front-page headline of “SATELLITE SEEN IN ALASKA,” and Sputnik caused a big fuss all over the country. People wondered about the implications of the Soviet object looping over America every 98 minutes. Within a year, Congress voted to create NASA.

Fears about Sputnik evaporated as three months later the U.S. launched its own satellite, Explorer 1, and eventually took the lead in the race for space.

Almost 70 later, satellites are part of everyday life. The next time you see a satellite streaking through the night sky, remember the first scientist on this continent to see one was standing in Alaska. And the first non-scientist to see a satellite in North America was sitting in Alaska.





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Western Alaska storm and southerly flow drives warmth back into the state

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Western Alaska storm and southerly flow drives warmth back into the state


ANCHORAGE, Alaska (KTUU) – Gusty winds and heavy snow has begun to spread into Western and Southwest Alaska, with a surge of warmer air. Temperatures in Southwest Alaska is already 10 to 35 degrees warmer than yesterday morning. This warmth will spread across the rest of the state through the weekend, with some of the most pronounced warmth along the Slope. We’ll see many areas this weekend into next week remaining well-above average.

SOUTHCENTRAL:

Temperatures are slowly warming across Southcentral, with many areas seeing cloud coverage increasing. While we could see some peeks of sunshine today, most locations will see mostly cloudy conditions. While we can’t rule out light flurries for inland locations, most of the precipitation today will occur near the coast. Snow looks to be the primary precipitation type, although later this evening a transition to rain or wintry mix will occur. This comes as temperatures quickly warm across Southcentral.

We’ll see highs today in the upper 20s and lower 30s for inland areas, while coastal regions warm into the 30s and 40s. The southerly flow aloft will remain with us for several days, pumping in the warmth and moisture. As a result, Kodiak could see over an inch of rain today, with gusty winds.

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While most of the precipitation this weekend remains near the coast, inland areas will see the best chance for wintry mix Sunday into Monday. Little to no accumulation is expected.

The key takeaways for this weekend, is snow transitioning to rain, with some gusty winds likely for parts of Southcentral this weekend.

SOUTHEAST:

Another fairly quiet day is expected across Southeast today, outside of some light snow near Yakutat. We’ll see a mix of sun and clouds with temperatures remaining on the cooler side. Parts of the Northern Panhandle may stay in the upper 20s today. The stretch of quiet weather will stay with us through the first half of Saturday, followed by an increase in precipitation and winds. This upcoming system may bring some heavy snowfall to Southeast, so be prepared for that potential this weekend. Temperatures warm into next week, back into the upper 30s and lower 40s for many areas.

INTERIOR:

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While temperatures this morning have bottomed out as low as -30 near Fort Yukon, temperatures will warm into the weekend. A wind advisory for the Alaska Range goes into effect at 9 Friday morning, where winds up to 60 mph will warm the Interior. Temperatures today for many locations will warm into the single digits, with some of the greatest warming arriving Saturday through next week. It’s likely we’ll spend most of next week with temperatures in the 20s and 30s, with the warmest locations near the Alaska Range. While we will largely stay dry, there is a chance for some light snow arriving Sunday night into Monday.

SLOPE/WESTERN ALASKA:

Temperatures will remain slightly above average for parts of the Slope today, with warming winds to build into the Slope this weekend. This comes as our area of low pressure in the Bering Sea continues to move farther north. Be prepared for gusty easterly winds along the Slope, leading to blowing snow and reduced visibility. We’ll see temperatures quickly warm well above average, with highs climbing into the 20s and 30s along the Slope into next week. While some snow is possible through the weekend, the heaviest activity will occur for the Brooks Range. We’ll see the potential for 4 to 12 inches of snowfall, with the highest amounts occurring along the southern slopes of the Brooks Range near Kobuk Valley. Winds could gusts as high as 45 mph, leading to greatly reduced visibility.

Heavy snow is impacting Western and Southwest Alaska this morning, with winds gusting up to 50 mph. Numerous winter weather alerts, as well as a coastal flood advisory is in effect. The heaviest snow will fall for the Seward Peninsula and east of Norton Sound, where up to a foot or more of snow is to be expected. The heaviest amounts will fall today, with the activity set to lighten up through Sunday. In addition to the snow, gusty winds will lead to areas of blowing snow. Visibility could be reduced down to less than half a mile at times. As southerly flow continues to pump in warmth, we’ll see a transition from snow to rain later today into Saturday for parts of Southwest Alaska.

ALEUTIANS:

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Gusty winds and heavy rain will fall through the Aleutians today, where up to .75″ of rain is possible. As the area of low pressure moves north, we’ll see a new low form just south of the Eastern Aleutians. This will lead to additional rain and winds into the weekend. Winds could gusts upwards of 50 mph through the Eastern Aleutians and through the Alaska Peninsula. With ridging to our east, more rain and winds remain with us into early next week. There is the potential that the Pribilof Islands see a return to snow Sunday, as colder air moves into the Bering Sea.

OUTLOOK AHEAD:

Well above average warmth will stay with us as we close out January. While one more short-lived cold snap is possible, we may have to wait until February before we tap into warmer conditions. Temperatures through the close of January will keep average monthly temperatures 5 to 12 degrees above average for much of the state. The overall trend still favors a wetter pattern, although with warmer weather the southern parts of the state will favor more rain or a mixed bag of precipitation.

Have a wonderful and safe holiday weekend.

See a spelling or grammar error? Report it to web@ktuu.com

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Alaska governor, ally of Trump, will keep flags at full-staff for Inauguration Day • Alaska Beacon

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Alaska governor, ally of Trump, will keep flags at full-staff for Inauguration Day • Alaska Beacon


Alaska will join several other Republican-led states by keeping flags at full-staff on Inauguration Day despite the national period of mourning following President Jimmy Carter’s death last month.

Gov. Mike Dunleavy announced his decision, which breaks prior precedent, in a statement on Thursday. It applies only to flags on state property. Flags on federal property are expected to remain at half-staff.

Flags on state property will be returned to half-staff after Inauguration Day for the remainder of the mourning period.

The governors of Indiana, Idaho, Iowa, Texas, Florida, Tennessee, Oklahoma, North Dakota, Nebraska, Montana and Alabama, among others, have announced similar moves. 

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U.S. Speaker of the House Mike Johnson, a Republican from Louisiana, said on Tuesday that flags at the U.S. Capitol would remain at full-staff on Inauguration Day. 

Their actions follow a statement from President-elect Donald Trump, who said in a Jan. 3 social media post that Democrats would be “giddy” to have flags lowered during his inauguration, adding, “Nobody wants to see this, and no American can be happy about it. Let’s see how it plays out.”

Dunleavy is seen as a friend of the incoming president and has met with him multiple times over the past year. Dunleavy and 21 other Republican governors visited Trump last week in Florida at an event that Trump described as “a love fest.”

Since 1954, flags have been lowered to half-staff during a federally prescribed 30-day mourning period following presidential deaths. In 1973, the second inauguration of President Richard Nixon took place during the mourning period that followed the death of President Harry Truman. 

Then-Gov. Bill Egan made no exceptions for Alaska, contemporary news accounts show, and no exception was made for Nixon’s inauguration in Washington, D.C., either. 

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A spokesperson for Dunleavy’s office said the new precedent is designed to be a balance between honoring the ongoing mourning period for former President Jimmy Carter and recognizing the importance of the peaceful transition of power during the presidential inauguration. 

“Temporarily raising the flags to full-staff for the inauguration underscores the significance of this democratic tradition, while returning them to half-staff afterward ensures continued respect for President Carter’s legacy,” the spokesperson said.

GET THE MORNING HEADLINES.

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