HERNÁNDEZ, District Judge:
Before the Court is Defendants' Motion to Dismiss for failure to state a claim [24].
Plaintiffs are ten individuals employed by state or local government entities in Oregon. Compl. ¶¶ 2, 12-21. Each Plaintiff is in a bargaining unit represented by at least one of the union defendants or its affiliates. Id. ¶¶ 2, 12-21. Before the Supreme Court's decision in Janus v. AFSCME, Counsel 31, ___ U.S. ___, 138 S.Ct. 2448, 2486, 201 L.Ed.2d 924 (2018), Plaintiffs signed agreements to join their respective unions. Id. ¶ 2. Each agreement included a "maintenance of membership" provision. Id. ¶¶ 4, 65, 67. This provision authorized the payment of union dues and was irrevocable for a period of at least one year. Id. As explained by Defendants, the provision authorized the deduction of union dues—or an amount equivalent to union dues—from Plaintiffs' wages "for a one-year period, and from year to year thereafter, unless revoked during an annual window period, regardless of whether the Plaintiff[s] later resigned from union membership." Defs. Mot. 4, ECF 24.
Following the Court's decision in Janus, Plaintiffs resigned their union memberships and revoked the authorization for deduction of union dues from their wages. Compl. ¶¶ 32, 35, 38, 42, 45, 49, 52, 55, 59, 62. The unions processed the resignations, and Plaintiffs are no longer union members. Id. ¶¶ 33, 36, 39, 43, 46, 50, 53, 56, 60, 63. However, because each Plaintiff resigned from membership before the end of the annual window period, Defendants continued to deduct payment from Plaintiffs' wages. Id. ¶¶ 4, 70. The unions informed each Plaintiff that these deductions would automatically terminate at the end of the one-year deduction commitment period. Id. ¶¶ 33, 36, 39, 43, 46, 50, 53, 56, 60, 63.
Plaintiffs bring a single cause of action under 42 U.S.C. § 1983. Defendants now move to dismiss the complaint for failure to state a claim.
On a motion to dismiss, the court must review the sufficiency of the complaint. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974). A complaint is construed in favor of the plaintiff, and its factual allegations are taken as true. Daniels-Hall v. Nat'l Educ. Ass'n, 629 F.3d 992, 998 (9th Cir. 2010). "[F]or a complaint to survive a motion to dismiss, the non-conclusory factual content, and reasonable inferences from that content, must be plausibly suggestive of a claim entitling the plaintiff to relief." Moss v. United States Secret Serv., 572 F.3d 962, 969 (9th Cir. 2009) (internal quotation marks omitted). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). "[O]nce a claim has been stated adequately, it may be supported by showing any set of facts consistent with the allegations in the complaint." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 563, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). The court, however, need "not assume the truth of legal conclusions merely because they are cast in the form of factual allegations." Id. "[A] plaintiff's obligation to provide the `grounds' of his `entitle[ment] to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do ..." Id. at 555, 127 S.Ct. 1955.
Plaintiffs bring a single claim under 42 U.S.C. § 1983, alleging that:
Compl. ¶ 85. In other words, Plaintiffs allege that Defendants violate their First Amendment rights to not subsidize union speech through (a) the "Union Defendants' restrictive revocation policies; (b) the public employer Defendants' continued dues deductions; and (c) the Union Defendants' collection of union dues from Plaintiffs ... without their consent." Pls. Resp. 3, ECF 53.
To the extent that Plaintiffs challenge Defendants' "revocation policies" and "continued dues deduction" (under these policies), this challenge lacks merit. See Fisk v. Inslee, 759 F. App'x 632, 633 (9th Cir. 2019) ("Appellees' deduction of union dues in accordance with the membership cards' dues irrevocability provision does not violate Appellants' First Amendment rights. Although Appellants resigned their membership in the union and objected to providing continued financial support, the First Amendment does not preclude the enforcement of `legal obligations' that are bargained-for and `self-imposed' under state contract law.") (quoting Cohen v. Cowles Media Co., 501 U.S. 663, 668-71, 111 S.Ct. 2513, 115 L.Ed.2d 586 (1991)).
However, Plaintiffs also argue that Defendants violate the First Amendment by collecting union dues without consent. In other words, Plaintiffs appear to argue that the underlying membership agreement violates Plaintiffs' First Amendment rights because it lacks the "waiver" Plaintiffs allege is necessary under Janus. This argument is also without merit.
To the extent that Plaintiffs may argue they were "coerced" into membership, the Court does not agree. As stated in Kidwell v. Transportation Communications International Union, "[w]here the employee has a choice of union membership
Janus does not compel a different outcome. Janus held that agency fees "violate[] the free speech rights of nonmembers by compelling them to subsidize private speech on matters of substantial public concern." 138 S. Ct. at 2460. As noted above, here, unlike in Janus, Plaintiffs chose to become dues-paying members of their respective unions, rather than agency fee paying non-members. In doing so, they acknowledged restrictions on when they could withdraw from membership. Thus, because Plaintiffs were voluntary union members, Janus does not apply. See Bieker, 2019 WL 2476679, at *2 ("Janus did not concern the relationship of unions and members; it concerned the relationship of unions and non-members."); Belgau, 359 F. Supp. 3d at 1016 ("Plaintiffs' assertions that the agreements are not valid because they had not waived their First Amendment rights under Janus in their authorization agreements because they did not know of those rights yet, is without merit. Plaintiffs seek a broad expansion of the holding in Janus. Janus does not apply here—Janus was not a union member, unlike the Plaintiffs here, and Janus did not agree to a dues deduction, unlike the Plaintiffs here."); Cooley, 2019 WL 331170, at *2 ("[T]he relationship between unions and their voluntary members was not at issue in Janus.").
For the reasons set forth above, this Court grants Defendants' Motions to Dismiss.