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Supreme Court Ruling in ‘Janus’ Deals Blow to Working Families
National Educartion Association ^ | 27 June A.D. 2018 | John Rosales

Posted on 06/27/2018 12:45:29 PM PDT by lightman

Educators in ActionWorker Rights June 27, 2018 • 10:23AM Supreme Court Ruling in ‘Janus’ Deals Blow to Working Families

By John Rosales

The collective voice of American workers was undermined today by the U.S. Supreme Court’s ruling in ​Janus v. American Federation of County, State Municipal Employees.

In a 5-to-4 decision, which casts aside decades of precedents and laws, the court has eliminated a public-sector union’s ability to collect “fair share” or “agency” fees from workers who choose not to join as union members but are still protected by union agreements. The ruling undermines the ability of educators to come together and bargain collectively on behalf of students.

“A strong union and collective bargaining agreements are what help to ensure students receive the tools and resources they need to succeed in school and in life,” says NEA President Lily Eskelsen García. “We’ve seen it in the resources available to our students, and we have felt it in our paychecks.”

The ruling comes in a case that has been bankrolled by corporate interests wanting to rig the economic system further in their favor while robbing teachers, education support professionals (ESP), higher education faculty, corrections officers, sanitation and other workers of the freedom to join together to earn a decent living, provide for their families, and advocate for the needs of students.

“All over the country, they are cutting funding for arts and PE, up-to-date textbooks, recess, and class sizes that allow for one-on-one instruction,” says Eskelsen García​. “Many of our schools have faced serious funding cuts that are likely to grow even worse. Collective bargaining has been a critical tool to push back against these cuts and demand the resources our students deserve.

Fair-share fees help cover the cost of union representation and bargaining services that support high quality public schools and benefit employees by ensuring that their union can strongly advocate for them. This court decision comes as millions of American workers recommit to their unions and launch new organizing drives, and as support for labor unions has risen to its highest level in years.

“Regardless of today’s Supreme Court decision, we must remain united and make it clear that no court decision can stop our union,” says Denise Specht, president of Education Minnesota (EM). “Neither this ruling nor the right-wing groups that will weaponize it, will silence the voices of Minnesota’s professional educators.”

A strong union and collective bargaining agreements are what help to ensure students receive the tools and resources they need to succeed in school and in life. We’ve seen it in the resources available to our students, and we have felt it in our paychecks.” – NEA President Lily Eskelsen García

The Janus decision will affect millions of workers in the nearly half of the states that require payments from nonmembers to cover the cost of collective bargaining.

“We will still stand for effective and welcoming schools for our students, proud and healthy communities for their parents, and salaries and benefits that will sustain the families of Minnesota educators and those across the nation,” Specht says.

The​ ​National Education Association​, the nation’s largest union with more than 3 million members, filed an​ ​amicus brief​ in the case with the​ ​American Association of University Professors and many NEA affiliates​. The brief highlighted the radical nature of the plaintiff’s arguments, including their legally unsupported claim that public-sector collective bargaining itself is constitutionally suspect.

The claimant, Mark Janus, is an Illinois state social worker. He argues that his First Amendment liberties were violated because he had to pay an agency fee to the union even though he is not a member and might disagree with its political policies.

In 1977, the court’s unanimous decision in ​Abood v. Detroit Board of Education​ said localities and states could authorize public-employee unions to charge nonmembers for the cost of collective bargaining (fair share fees) but not for the union’s political activities. By overturning ​Abood, ​the court eliminated non-members’ fair share fees, though unions are still required by law to represent them. As a result of the decision, some workers will now have to make up for the costs others inflict on the union but decline to pay for. Allowing some employees to opt out of paying their fair share for union representation will make it harder for all public employees to advocate for the quality services that everyone depends on.

But this case was never about merits or law. It was about politics and rigging the system, economy, and democracy in favor of the wealthy and corporate CEOs.

“Strong unions build strong schools and strong communities,” says Alex Price, band director and instrumental music teacher, Belmont High School and Wright Brothers Middle School in Dayton, Ohio. “Fine arts programs were being cut from my school and students were missing out on subjects like arts and music. My union negotiated with the district to bring back music so our students could have a well-rounded curriculum.”

When some school principals tried to renege on the agreement, “as a union, we stepped in,” says Price, a member of the Dayton Education Association. “Educators came together through our union and spoke out for what our kids need.”

Public opinion of teachers’ unions is robust. According to a recent NPR/Ipsos poll, two-thirds of those polled approve of teachers’ unions, three-quarters approve of educators’ right to strike, and just one in four believe educators in this country are paid fairly. Take the #RedForEd pledge and stand with NEA as we continue to build a strong union that advocates for the opportunity students need to succeed.

Recent #RedforEd actions in states like West Virginia, Arizona, Oklahoma, Colorado, and Kentucky have highlighted how educators are leading a nationwide movement to better fund our schools and better support our students. This action is yielding not only public support but measurable wins for students and educators as well as gains in members. NEA membership is at its highest level in the past five years, including fast growth in states where anti-union laws already exist.

Some 39 briefs signed on to by hundreds of amici​ — representing all levels of government, public officials, civil rights organizations, academic experts, and others — were filed with the court in support of the respondents. Weighing in on the case have been 22 states and the District of Columbia, dozens of cities, and several dozen Republican lawmakers. School district and public hospitals also exhibited their support of fair share fees as helping to boost the effective management of public services.

For more information about the case, including links to “friend of the court” briefs, editorial columns by experts opposing the lawsuit, and other data, go to​ ​www.neatoday.org/janus​.


TOPICS: Constitution/Conservatism; Government; Miscellaneous
KEYWORDS: bullying; extortion; fairshare; nea; publicemployee; righttowork; scotus; tinyviolins; uniondues
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To: beergarden

Sorry you are forced to be. I DESPISE The Teamsters Union. *spit*

Long story.


21 posted on 06/27/2018 12:54:10 PM PDT by RushIsMyTeddyBear
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To: lightman

“...come together and bargain collectively on behalf of students.”

STOP RIGHT THERE. This has nothing to do with students, and absolutely everything to do with teachers and union bosses.

I’m not criticizing good teachers. My Mom taught for 37 years, and she was great. Felt like she HAD TO BELONG to the NEA, since the legal protection would not be there (she thought) if she got sued for telling little Johnny to sit down and be quiet.

On behalf of students my foot. LIARS


22 posted on 06/27/2018 12:56:11 PM PDT by HeadOn (Funny how common sense works when you try it.)
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To: lightman

Yes. It lets working families keep more of their money, and we can’t have THAT can we? I mean, where oh where are the union bosses going to vacation this year? Oh the humanity!


23 posted on 06/27/2018 12:56:33 PM PDT by Enterprise
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To: lightman

Great news!

Twenty years ago, I was a speech writer for a conservative state senator. I was forced to be a member of the SEIU, which took a percentage of my salary for union dues. The SEIU, in turn, took those dues and spent them on political candidates who would be running against Republicans like my boss. So, in essence, I was was forced to pay money that was being used to make me lose my job. It always p***ed me off beyond description. I’m glad to see they are finally getting a measure of ass handed to them.


24 posted on 06/27/2018 12:57:15 PM PDT by Osama Obama
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To: lightman

Ha ha ha go away with this bull shiite.


25 posted on 06/27/2018 12:58:07 PM PDT by jmaroneps37 (Conservatism is truth. Liberalism is lies.)
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To: Billthedrill

I’m watching Chris Matthews have a meltdown. Hilarious.


26 posted on 06/27/2018 12:58:23 PM PDT by shelterguy
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To: Billthedrill
Oh, and FYI fellas, regarding Kennedy's resignation.(hours ago)

His choice?
Remember, Kennedy was the swing vote.
No more.
Locked & Loaded.
RBG next.
Q

Bagster

27 posted on 06/27/2018 12:59:17 PM PDT by bagster ("Even bad men love their mamas.")
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To: SMARTY

> A union was forced on us here where I work at the Univ... I am going to see how fast I can get out of it now <

Be aware that this ruling only applies to public sector union members. So if you’re working for a private entity, you’re out of luck.

I am, in general, pro-union. But this is supposed to be a free country. EVERY worker should be able to decide for himself whether or not he wants to join a union. So I’d like to see another such case come up before the USSC, this one addressing private sector workers.


28 posted on 06/27/2018 12:59:36 PM PDT by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: lightman

I am so glad my brothers and sisters in The agency i worked for no longer have to have money extorted from them just so they can work there.

CC


29 posted on 06/27/2018 1:00:08 PM PDT by Celtic Conservative (Do you know what really burns my ass? A flame about 3 feet high.)
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To: beergarden

as I noted in another post, be aware that this Supreme Court ruling only applies to public sector union members. So if you’re working for a private entity, you’re out of luck.


30 posted on 06/27/2018 1:01:38 PM PDT by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: lightman

Public sector employees are already have civil service protections. How they are allowed to unionize as well is a mystery.


31 posted on 06/27/2018 1:04:46 PM PDT by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: lightman

The NEA is likely to see a lot of local unions remove their association from them.... Don’t kind yourself the NEA doesn’t care about your kids, never have.

Since members must now fully carry the load of their Union, and they can’t have non members subsidize it they will have to cut costs, and give local employees a reason to WANT to be in the Union.

Cutting out big payments to the NEA and other National Unions by local unions will drastically cut costs, and remove a lot of the objections from folks who might join, but don’t want to fund left wing politicians and causes.

Unions aren’t going away, but the forced subsidizing of them is going to force a lot of these national unions to be far less relevant, and that’s a great thing.


32 posted on 06/27/2018 1:05:05 PM PDT by HamiltonJay
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To: beergarden

Do you work for a government?

.


33 posted on 06/27/2018 1:05:33 PM PDT by Mears
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To: Enterprise

Democrats define “working” people as union members. If you aren’t in a union, you are worthless to the Dems. Private sector employees or small business entrepreneurs mean nothing to Dems.


34 posted on 06/27/2018 1:07:55 PM PDT by Freee-dame (Best election ever!)
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To: lightman
I wonder if we former school union employees can file a class-action suit for retroactive dues reimbursement?

Heh-heh, we'd bankrupt them.

35 posted on 06/27/2018 1:08:32 PM PDT by PROCON ('Progressive' is an Euphemism for Totalitarian)
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To: lightman

Stupid asses think we are dumb enough to believe that? In Wisconsin, public employee union membership is down 40% after they were give the choice. Nothing could be further from the truth than this BS.


36 posted on 06/27/2018 1:10:10 PM PDT by bigbob (Trust Sessions. Trust the Plan.)
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To: lightman

MY GOD, THIS IS SO HERRIBLE!!
DON’T YOU CARE ABOUT THE CHILLEN’S???

How Are Democrats and Union-paid Lobbyists supposed to pay for those Chesapeake shore mansions and Party Yachts!


37 posted on 06/27/2018 1:10:15 PM PDT by tcrlaf (They told me it could never happen in America. And then it did....)
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To: lightman
BTW, the union thugs will be keeping track of who opts out of union dues and then paying them a visit at home.

It's going to get more violent.

The left is nuts and dangerous.

38 posted on 06/27/2018 1:10:27 PM PDT by PROCON ('Progressive' is an Euphemism for Totalitarian)
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To: GOP Poet

“Love this week!!!”

And it’s only Wednesday!


39 posted on 06/27/2018 1:10:36 PM PDT by READINABLUESTATE (A progressive liberalsÂ’ happiness is built on systemic contingencies, which they will then seek to)
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To: grobdriver

Yeah. I was a UFT member for 26 yesrs teaching in NYC. Would have opted for agency fee but that would have ostracized me, think about the Dean not answering the phone when you call to tell him a kid is assaulting another. But agency fee was 94% of regular dues so that was hardly worth it. But the author here rambles on about corporate interests. WTH?? This only involves public employee unions not the UAW. Temployer is the Public not Ford. Nonsense!!!


40 posted on 06/27/2018 1:11:26 PM PDT by xkaydet65
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