Everett knowingly stole union dues from custodian, legal foundation claims

An Everett custodian has filed legal complaints against her employer and union, alleging they violated her constitutional rights by stealing union dues from her paycheck after she had resigned.

Xena Davidson, employed by the city of Everett, claims that both the city and the American Federation of State, County, and Municipal Employees (AFSCME) have unlawfully seized dues from her wages for months.

Mark Mix, President of the National Right to Work Legal Defense Foundation, which is representing Davidson, joined “The Jason Rantz Show” on KTTH, saying the case is straightforward. 

“Xena did everything right. She followed the proper procedures to resign and stop paying union dues, yet the city of Everett continued deducting money from her paycheck and forwarding it to the union,” Mix said. “Now, both the city and the union are refusing to return those funds.”

Everett allegedly started ripping off dues in June 2024

According to Mix, the deductions began in June 2024 and continued through February 2025, despite documented evidence of Davidson’s formal resignation from the union. The case has now been brought before the Washington Public Employment Relations Commission (PERC), which has issued a “cause of action” statement. Mix said the statement is a strong indication that officials believe the complaint has legal merit.

AFSCME and the city of Everett have blamed each other for the ongoing deductions. Mix argues that both parties are “culpable” and accuses them of engaging in what amounts to coordinated action against Davidson’s First Amendment rights.

Critics of current union practices say cases like Davidson’s are just the tip of the iceberg. Mix noted that for every worker who steps forward, many more may be unaware of their rights or afraid to take action.

“They’ll keep violating the law until they’re forced to stop,” Mix said. “We’re going to win this case, and we’ll keep fighting until these violations stop.”

Listen to the full conversation below: 

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