State Trooper Gets $260,000 Settlement After Demotion For Not Joining Police Union

State Trooper Wins Settlement After Refusing to Join Union

A Connecticut state trooper stood up for his rights and won a $260,500 settlement after being demoted from a prestigious position for refusing to join the State Police Union (CSPU) and contribute to its politics. The case was represented by staff attorneys at the National Right to Work Legal Defense Foundation.

The Retribution Scheme

In May 2015, State Trooper Joseph Mercer was appointed Operations Sergeant of the Emergency Services Unit. The next month, CSPU President Andrew Matthews filed two grievances targeting Mercer, one stating no “selection process” had been implemented to fill the position and another alleging Mercer had mismanaged an incident involving an armed suspect. In October 2015, Matthews reportedly met with Dora Schriro, then the Commissioner of the Department of Emergency Services and Public Protection (DESPP); Schriro subsequently transferred Mercer to an administrative post.

The Fight for Justice

Mercer filed suit in 2016 and in May 2022, a district court ordered DESPP Commissioner James Rovella, Schriro’s replacement, to turn over additional discovery. The National Right to Work Foundation President Mark Mix stated, “We at the Foundation are proud to have defended Sergeant Mercer’s rights and secured him a settlement that vindicates his free association.”

The Importance of the Janus Decision

The Foundation-won Janus v. AFSCME decision, which the U.S. Supreme Court decided while Mercer’s case was ongoing, is vital for public employees to exercise their First Amendment right to cut off all financial support of union bosses who are contorting government in their private interests. In late June 2018, the U.S. Supreme Court ruled in Janus v. AFSCME that non-union government workers could not be forced to pay union fees in order to work in public service jobs. Millions of teachers, first responders and other government workers were affected.

Victory for All

Plaintiff Mark Janus reacted, “I’m thrilled that the Supreme Court has restored not only my First Amendment rights, but the rights of millions of other government workers across the country. So many of us have been forced to pay for political speech and policy positions with which we disagree, just so we can keep our jobs. This is a victory for all of us. The right to say ‘no’ to a union is just as important as the right to say ‘yes.’ Finally our rights have been restored.”