




On June 27, 2018, the U.S. Supreme Court issued their 5-4 decision in the case Janus v. AFSCME, ruling that non-member government employees' First Amendment rights shield them from having to pay so-called "fair-share fees" to a union to cover the costs of representing them. Consequently, BU 18 employees are either a CAPT member or a non-member. Just because you’re a Bargaining Unit 18 member doesn’t mean you’re automatically a full CAPT member.
All state-employed CAPT members and non-members have the following rights:
(1) The right to representation in grievances and complaints under the Psychiatric Technician Bargaining Unit 18 contract. This includes representation in investigatory interviews.
(2) The right to vote on ratification of the contract between CAPT and the State and the right to vote on authorization of a strike or other concerted action.
However, CAPT members have the following rights and benefits that non-members do not have:
(1) The right to representation in adverse action appeals through the State Personnel Board (SPB) level.
(2) the right to representation in appeals of actions against the individual's Psychiatric Technician license or Certified Nurse Assistant certificate, subject to certain limitations.
(3) Automatic enrollment in our life-insurance plan: up to $5,000 in group term life insurance and up to a possible $5,000 in accidental death and dismemberment (AD&D) coverage, now with no age limit.
(4) The right to enroll in optional CAPT-sponsored benefit programs:
(5) The right to representation in adverse action appeals to the courts after the SPB level (contingent upon approval of the CAPT Board of Directors).
(6) The right to hold a CAPT Chapter or statewide office.
(7) The right to vote in CAPT Chapter and statewide elections.
(8) The right to take CAPT job steward training and, if completed successfully, to serve as a job steward.
(9) The right to serve as a CAPT Annual Meeting delegate.
(10) The right to serve on CAPT committees.
| Rights | BU 18 CAPT Member | BU 18 Non-member |
| Hold CAPT office | Yes | No |
| Vote for CAPT office | Yes | No |
| Serve on CAPT committees | Yes | No |
| Vote on contract ratification | Yes | Yes |
| Grievance representation | Yes | Yes |
| Adverse-action representation through SPB | Yes | No |
| Possible court appeal of adverse action | Yes | No |
| Appeal regarding PT license or CNA certification | Yes | No |
| Training and serving as a job steward | Yes | No |
| CAPT life-insurance program | Yes | No |
| Member benefits | Yes | No |
| Receive Outreach magazine | Yes | Yes |


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