Thursday, November 21, 2024
Hawai'i Free Press

Current Articles | Archives

Wednesday, June 27, 2018
Supreme Court Rules Government Unions Cannot Force Workers to Pay Dues
By Selected News Articles @ 11:50 AM :: 5732 Views :: First Amendment, Labor

THE SUPREME COURT JUST HANDED DOWN ITS BIG DECISION ON MANDATORY UNION DUES

by Kevin Daley, Daily Caller, June 27, 2018

The U.S. Supreme Court ruled Wednesday that public sector unions cannot force some 5 million government workers to pay mandatory fees.

A five-justice majority led by Justice Samuel Alito found the practice violates the Constitution.

“Compelling individuals to mouth support for views they find objectionable violates that cardinal constitutional command, and in most contexts, any such effort would be universally condemned,” Alito wrote in the majority opinion.

“This is the biggest victory for workers’ rights in a generation,” said Jacob Huebert, an attorney for the plaintiff. “The First Amendment guarantees each of us, as individuals, the right to choose which groups we will and won’t support with our money. Today the Supreme Court recognized that no one should be forced to give up that right just to be allowed to work in government.”

A 1977 Supreme Court precedent called Abood v. Detroit Board of Education allows public sector unions to collect administrative fees from government workers to cover the cost of collective bargaining. Many state and local governments designate a single union as their exclusive bargaining partner, meaning all public employees are bound by the contractual agreements labor leaders reach with public officials.

These so-called agency fees protect union shops from the free-rider problem, in which non-unionized workers enjoy the benefits of membership without enrolling in a union.

Abood also provides that agency fees may only be used for contract negotiations. They cannot finance political expenditures.

The decision has long been something of a pet peeve to conservative jurists, who argue it draws a meaningless distinction. As they see it, collective bargaining is an inherently political process, meaning government workers are made to subsidize speech with which they may disagree, in violation of the First Amendment.

Wednesday’s case was occasioned when a child support specialist in the Illinois Department of Healthcare and Family, Mark Janus, brought a suit against the American Federation of State, County, and Municipal Employees (AFSCME), which deducts a fee from his monthly paycheck.

Alito forcefully rejected Abood’s typical justifications — the maintenance of labor peace and the free rider problem. The decision concludes that longstanding fears of disorder and union rivalry have proved unfounded as time progressed. What’s more, labor’s duty to represent nonmembers in contract negotiations does not depend on agency fees, Alito argued, as evidenced by numerous jurisdictions where forced fees are not collected.

Though the Court is generally weary of overturning past precedents, the majority found subsequent developments have undermined Abood’s validity, warranting its cancellation. Alito also said the decision itself was “poorly reasoned.”

The Trump administration supported Janus in the litigation.

Wednesday’s decision was widely expected, and is the culmination of a years long effort to strike down agency fees. The Court was poised to end the practice in January 2016, when it heard arguments in a case presenting a direct First Amendment challenge to mandatory fees.

The late Justice Antonin Scalia’s death left a short-handed Court unable to resolve that dispute. The Court agreed to hear Wednesday’s case shortly after Justice Neil Gorsuch’s confirmation in 2017.

The Court strongly signaled it was prepared to overturn Abood in earlier decisions from 2012 and 2014.

Justice Elena Kagan led the liberal bloc in dissent, blasting the high court for using the First Amendment to dismantle “workaday economic and regulatory policy.” She predicted a grim future for the country should the Court continue to use speech as a basis for invalidating longstanding practices.

“Speech is everywhere — a part of every human activity,” Kagan wrote. “For that reason, almost all economic and regulatory policy affects or touches speech. So the majority’s road runs long. And at every stop are black-robed rulers overriding citizens’ choices.”

“The First Amendment was meant for better things,” she added.

---30---

Coverage:

Background:

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii