The SCOTUS has announced bad news for
Sandra Fluke: Obamacare does not trump religious freedom. And in a second
decision today, June 30, 2014, the SCOTUS addressed an article found in every
teachers’ contract:
The teachers’ contract at LFHS says that teachers must
pay union dues even if they are not in the union (Instead of a dues payment, it
is called a “fair share” payment.) in
Article 7 of the contract.
A “union shop” is a workplace where all new-hires are
REQUIRED to join the union. Employment is not a matter just between employer and
employee – there is no “right to work.” Originally applied only to the private
sector, the 1977 Supreme Court case
Abood v. Detroit Board of Education
rescinded the right to work for the public sector too.
Today the SCOTUS decided
Harris v. Quinn, ruling that home health care workers in Illinois should not
be required to join the SEIU. This is a victory for freedom and
traditional American liberties. While it is not clear that this applies directly
to the LFEA at LFHS, this is a small step in the right direction.
Supreme Court deals big setback to labor unions
By
MARK SHERMAN
1:00 p.m., June 27, 2018
WASHINGTON (AP) — The Supreme Court ruled Wednesday that
government workers can’t
be forced to contribute to labor unions that represent them in collective
bargaining, dealing a serious financial blow to Democratic-leaning
organized labor.
The court’s conservative majority, re-empowered by Justice Neil Gorsuch,
scrapped a 41-year-old
decision that had allowed states to require that public employees pay
some fees to unions that represent them, even if the workers choose not to join.
The 5-4 decision not only will free non-union members in nearly two dozen states
from any financial ties to unions, but also could encourage members to stop
paying dues for services the court said Wednesday they can get for free.
Union leaders said in reaction to the ruling that they expect to suffer some
loss of revenue and also predicted that the same anti-union forces that pushed
to get rid of the so-called fair shares that non-members had to pay will try to
persuade members to cut their ties.
“There are already plans,” said Lily Eskelsen García, president of the National
Education Association. “They are going after our members.”
But American Federation of Teachers President Randi Weingarten said unions would
not be dissuaded: “Don’t count us out.”
The labor leaders spoke after
the court ruled that the
laws requiring fair share fees violate the First Amendment by compelling workers
to support unions they may disagree with.
“States and public-sector unions may no longer extract agency fees from
nonconsenting employees,” Justice Samuel Alito said in his majority opinion in
the latest case in which Gorsuch, an appointee of President Donald Trump,
provided a key fifth vote for a conservative outcome.
Trump himself tweeted his approval of the decision while Alito still was reading
a summary of it from the bench.
“Big loss for the coffers of the Democrats!” Trump said in the tweet.
In dissent, Justice Elena Kagan wrote of the big impact of the decision. “There
is no sugarcoating today’s opinion. The majority overthrows a decision
entrenched in this Nation’s law - and its economic life - for over 40 years. As
a result, it prevents the American people, acting through their state and local
officials, from making important choices about workplace governance. And it does
so by weaponizing the First Amendment, in a way that unleashes judges, now and
in the future, to intervene in economic and regulatory policy.”
The court’s three other liberal justices joined the dissent.
In one sense, Wednesday’s result was no surprise and merely delayed by the
unexpected death of Justice Antonin Scalia in 2016.
The court split 4-4,
after Scalia’s death, when it considered the same issue in 2016.
When Trump was elected, opponents of the fees hurried a case back to the court.
And fearing what would happen, unions strongly opposed Gorsuch’s nomination to
the high court.
The unions say the outcome could affect more than 5 million government workers
in about two dozen states and the District of Columbia.
The case decided Wednesday involved
Illinois state
government worker Mark Janus, who argued that everything unions do, including
bargaining with the state, is political and employees should not be
forced to pay for it.
The unions argued that
so-called fair share fees pay for collective bargaining and other work
the union does on behalf of all employees, not just its members. More than half
the states already have right-to-work laws banning mandatory fees, but
most members of
public-employee unions are concentrated in states that don’t, including
California, New York and Illinois.
A recent study by Frank Manzo of the Illinois Economic Policy Institute and
Robert Bruno of the University of Illinois at Urbana-Champaign estimated that
public-sector unions
could lose more than 700,000 members over time as a result of the ruling
and that unions also could suffer a loss of political influence that could
depress wages as well.
Alito acknowledged that unions could “experience unpleasant transition costs in
the short term.” But he said labor’s problems pale in comparison to “the
considerable windfall that unions have received...for the past 41 years.”
Billions of dollars have been taken from workers who were not union members in
that time, he said.
“Those unconstitutional exactions cannot be allowed to continue indefinitely,”
Alito wrote.
Kagan, reading a summary of her dissent in the courtroom, said unions only could
collect money for the costs of negotiating terms of employment. “But no part of
those fees could go to any of the union’s political or ideological activities,”
she said.
https://apnews.com/0f83c64b1dd249de9ec89ab85235790a/Supreme-Court-deals-big-setback-to-labor-unions
The court’s majority said public-sector unions aren’t entitled to any money from
employees without their consent.