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

Skip to comments.

Supreme Court deals blow to public-sector unions, ruling against 'fair-share' fees
The Hill ^ | June 27, 2018 | Lydia Wheeler

Posted on 06/27/2018 7:11:40 AM PDT by jazusamo

The Supreme Court ruled Wednesday that pubic sector unions for state and local employees can’t force non-members to pay a “fair-share” union fee.

In a 5-4 ruling Tuesday, the court said the extraction of agency fees from non-consenting public sector employees violates the First Amendment.

The case centers on an Illinois law, similar to those in 22 other states, that allow public-sector unions to collect a “fair-share fee” from employees for non-political activities like collective bargaining, regardless of whether those employees belong to the union or not. Mark Janus, a state child support specialist at the center of the case, argued against having to give up about $45 from each paycheck to the American Federation of State, County and Municipal Employees (AFSCME) Council 31. Doing so, he said, violates his First Amendment rights because it forces him to support the union’s messaging.

The union, AFSCME, argues it needs the “fair-share” funds to offset the significant costs it incurs negotiating working conditions for all employees. State laws allowing unions to collect these fees are justified, the union said, to avoid a situation where nonunion members get a "free ride."

A group of 15 public sector unions, warned the court in a friend of the court brief that eliminating fair-share fees would eviscerate public sector unions, depriving them of resources they need to perform their essential public functions.

“The elimination of fair-share fees would create an all-or-nothing choice for the workers whom unions represent: pay union dues or pay nothing but still receive the benefits a union provides,” they wrote.

“In that world, many rational employees will choose to become free riders.”

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


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; US: Illinois
KEYWORDS: afscme; biglabor; fundingtheleft; illinois; janus; janusvafscme; janusvsafscme; maga; ntowy; publicsector; ruling; scotus; union; unions; winning
Navigation: use the links below to view more comments.
first previous 1-20 ... 121-140141-160161-180181-198 last
To: morphing libertarian

I was CFO for a PEU for ten years. Boy did I learn how corrupt the system is. I was in charge of their PAC reporting, and lobbying, and set their service fee each year. I kept them on the up and up, they passed audits with flying colors.


181 posted on 06/27/2018 11:41:21 AM PDT by Rusty0604
[ Post Reply | Private Reply | To 175 | View Replies]

To: jazusamo; All

Great. Now, if we can only get the same ruling vs. govt and ‘taxes’ [v. A1S8\Constitution] (aka theft to buy votes. aka welfare/cronyism).


182 posted on 06/27/2018 11:48:43 AM PDT by i_robot73 (One could not count the number of *solutions*, if only govt followed\enforced the Constitution.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: vette6387

The first U.S. state to permit collective bargaining by public employees was Wisconsin, in 1959. Collective bargaining is now permitted in three fourths of U.S. states. By the 1960s and 1970s public-sector unions expanded rapidly to cover teachers, clerks, firemen, police, prison guards and others. In 1962, President John Kennedy issued Executive Order 10988, upgrading the status of unions of federal workers.


183 posted on 06/27/2018 11:58:20 AM PDT by kabar
[ Post Reply | Private Reply | To 171 | View Replies]

To: dead

Those dues are bribes for the democrats.
Money from you that is used against you. Supporting socialism and the democrat party. The homeless explosion and prisoners being released by the 10’s of thousands.


184 posted on 06/27/2018 11:59:13 AM PDT by minnesota_bound
[ Post Reply | Private Reply | To 4 | View Replies]

To: Rusty0604

What is PEU. State?


185 posted on 06/27/2018 11:59:42 AM PDT by morphing libertarian ( Build Kate's Wall)
[ Post Reply | Private Reply | To 181 | View Replies]

To: morphing libertarian

Public employee union.


186 posted on 06/27/2018 12:39:32 PM PDT by Rusty0604
[ Post Reply | Private Reply | To 185 | View Replies]

To: Rusty0604

I thought it meant there was an odor


187 posted on 06/27/2018 12:42:12 PM PDT by morphing libertarian ( Build Kate's Wall)
[ Post Reply | Private Reply | To 186 | View Replies]

To: morphing libertarian

Lol that too.


188 posted on 06/27/2018 1:54:44 PM PDT by Rusty0604
[ Post Reply | Private Reply | To 187 | View Replies]

To: kabar

I don’t think so.


189 posted on 06/27/2018 6:14:42 PM PDT by arrogantsob (See "Chaos and Mayhem" at Amazon.com)
[ Post Reply | Private Reply | To 75 | View Replies]

To: kabar

Federal unions do not negotiate pay levels. Those are determined by the GS schedule. Nor do you have to join.

Getting rid of them would barely be noticed other than by the officers.


190 posted on 06/27/2018 6:21:13 PM PDT by arrogantsob (See "Chaos and Mayhem" at Amazon.com)
[ Post Reply | Private Reply | To 183 | View Replies]

To: Phillyred

No it isn’t.


191 posted on 06/27/2018 6:24:58 PM PDT by arrogantsob (See "Chaos and Mayhem" at Amazon.com)
[ Post Reply | Private Reply | To 149 | View Replies]

To: Rusty0604

Unions reduce the level of employment since the higher wages reduce the demand for labor.

So they obtain their gains from the losses of other workers


192 posted on 06/27/2018 6:28:35 PM PDT by arrogantsob (See "Chaos and Mayhem" at Amazon.com)
[ Post Reply | Private Reply | To 132 | View Replies]

To: Principled

What an overall great term for the Court. Only one bad ruling on the internet sales taxes - the rest of have been spectacular. Justice Kennedy has been part of some whoppers over the years, but he closes out his career on a very high note in my opinion.


193 posted on 06/27/2018 6:57:41 PM PDT by Republican Wildcat
[ Post Reply | Private Reply | To 6 | View Replies]

To: arrogantsob
I don’t think so.

If Hillary had been elected, there would have been on Neil Gorsuch. Hillary would have appointed a far left Justice. The 5-4 votes would have been in the liberals favor.

194 posted on 06/27/2018 8:26:40 PM PDT by kabar
[ Post Reply | Private Reply | To 189 | View Replies]

To: arrogantsob
Federal unions do not negotiate pay levels. Those are determined by the GS schedule. Nor do you have to join. Getting rid of them would barely be noticed other than by the officers.

Having spent 36 years working for the federal government, I understand how the system works. The federal and state employee unions contribute large amounts of money to the Dems almost exclusively. At the federal level, these unions have more power than you may think. They don't set pay levels, but they are active in other ways.

The American Federation of Government Employees (AFGE) is an American labor union representing over 670,000 employees of the federal government, about 5,000 employees of the District of Columbia, and a few hundred private sector employees, mostly in and around federal facilities. AFGE is the largest union for civilian, non-postal federal employees and the largest union for District of Columbia employees who report directly to the mayor (i.e., outside D.C. public schools). It is affiliated with the AFL-CIO.

Federal employees' right to organize and bargain binding labor contracts was established in law by the Civil Service Reform Act of 1978, which AFGE helped to draft, and which states that collective bargaining in the federal sector is in the public interest while also barring the right to strike.

AFGE's December 2009 court suits stopped aspects of the George W. Bush Administration's "National Security Personnel System" (for DOD) and MAXHR (for DHS), and AFGE also won changes to law that make the contracting out process more balanced in regard to federal employees' interests. In 2010, the Obama Administration issued an Executive Order for the Federal Government to focus on insourcing Federal jobs rather than outsourcing them overseas or to contractors.

In June 2011, AFGE also won the historic largest single nationwide consolidated bargaining unit election of over 44,000 employees of the Transportation Security Administration, part of the Department of Homeland Security. AFGE is working for a change in law which will give them the same collective bargaining rights as other federal employees.

Labor relations in the federal sector are governed by the Federal Labor Relations Authority, an independent federal agency, and federal sector unions have recourse to binding arbitration and to the Federal Services Impasses Panel to resolve impasses which might lead to a strike in the private sector.

The postal union has even more power, including collective bargaining rights.

195 posted on 06/27/2018 8:45:57 PM PDT by kabar
[ Post Reply | Private Reply | To 190 | View Replies]

To: jazusamo
"Do we need more guarantees? Guaranteed “basic” income? (That’s now in the California Democratic Party platform.) Guaranteed jobs? (Sens. Sanders, Cory Booker and Kirsten Gillibrand are for that.) Many Democrats are for expanding Social Security, but what about reforms that would move us away from risky 401(k)s and bring back guaranteed “defined benefit” pensions?" -- Politico

More Lib insanity. Keep it coming!

196 posted on 06/28/2018 8:25:56 AM PDT by pabianice
[ Post Reply | Private Reply | To 1 | View Replies]

To: kabar

I was 31 years and never saw the union do much. Without the threat of extortion to increase pay or get their way they are toothless.


197 posted on 06/28/2018 12:46:07 PM PDT by arrogantsob (See "Chaos and Mayhem" at Amazon.com)
[ Post Reply | Private Reply | To 195 | View Replies]

To: kabar

You are correct, I don’t know what the hell I thought I was answering.


198 posted on 06/28/2018 10:21:31 PM PDT by arrogantsob (See "Chaos and Mayhem" at Amazon.com)
[ Post Reply | Private Reply | To 194 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 121-140141-160161-180181-198 last

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