Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Supreme Court case could impact public unions
Philly.com ^ | 05/27/2014 | Nicandro Iannacci

Posted on 05/27/2014 8:59:24 AM PDT by BuckeyeTexan

A largely overlooked Supreme Court case has the potential to fundamentally alter the right of public employees to unionize — and a ruling could be handed down as early as this week.

That case, Harris v. Quinn, comes from the great state of Illinois, which recognizes a union for its home health care workers. One of those workers, Pamela Harris, is the lead plaintiff.

At issue are two critical questions. First, can the state actually recognize a union of such workers? And second, do these workers have a First Amendment right to refuse to pay their “fair share” of the cost for union representation?

Illinois began recognizing a union for its home health care aides 10 years ago, largely in an effort to reduce turnover and provide stability for an increasingly elderly and disabled population. While individuals are empowered to choose their own aides and organize their daily activity, the state sets the number of hours aides can work and the required qualifications for such a position, in addition to paying their wages.

Moreover, no one is required to be an official member of the union, but they are required to support the costs of collective bargaining on their behalf. The rule harkens back to Abood v. Detroit Board of Education (1976), in which the Court held that public employees “may be compelled to support legitimate, non-ideological, union activities germane to collective-bargaining representation.”

(Excerpt) Read more at philly.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: publicemployees; scotus; unions

1 posted on 05/27/2014 8:59:24 AM PDT by BuckeyeTexan
[ Post Reply | Private Reply | View Replies]

To: Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; GregNH; Salvation; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

2 posted on 05/27/2014 8:59:57 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BuckeyeTexan

Don’t think the Supreme Court will kill a JFK bill they gave us Obamacare how can they be trusted?.


3 posted on 05/27/2014 9:02:55 AM PDT by Vaduz
[ Post Reply | Private Reply | To 1 | View Replies]

To: BuckeyeTexan

The issue in my mind is not “do they have a right to unionize”, but rather, “do local and state executive authorities have the right to issue contracts that bind future legislatures to tax and spend”.


4 posted on 05/27/2014 9:09:00 AM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BuckeyeTexan

Should The Federal and State Labor Relations Boards be abolished?

Should all Government Labor Unions be declared Un-Constitutional?

Should “Labor Day” be renamed “Capitalist Day?”


5 posted on 05/27/2014 9:09:53 AM PDT by Graewoulf (Democrats' Obamacare Socialist Health Insur. Tax violates U.S. Constitution AND Anti-Trust Law.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Graewoulf
Should The Federal and State Labor Relations Boards be abolished? Should all Government Labor Unions be declared Un-Constitutional?

Yes! Unions place the entire organization under the total control of the leadership. The leadership will and always have supported and donated to one particular party. That is conflict of interest.

6 posted on 05/27/2014 9:20:38 AM PDT by Logical me
[ Post Reply | Private Reply | To 5 | View Replies]

To: BuckeyeTexan

“”In 1962, President John F. Kennedy signed Executive Order 10988, which permitted collective bargaining by federal employees. Widely seen as a gift to George Meany, the AFL-CIO head who helped Kennedy win the White House, the executive order was also a gift to government unions, both because it widened federal membership and because it signaled national approval of unions for state and local employees.””


7 posted on 05/27/2014 10:13:51 AM PDT by ansel12 ((Ted Cruz and Mike Lee-both of whom sit on the Senate Judiciary Comm as Ginsberg's importance fades)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson