Public-sector unions, long accustomed to getting their way, received a rude awakening this morning. By 5-4, the U.S. Supreme Court ruled in Janus v. AFSCME Council 31 that nonmember state and local government employees are not required to pay partial dues (“agency fees”) to a union representing them. The decision overturns over 40 years of union monopoly power now practiced in nearly two dozen states. In so doing, it will hamper the ability of public-employee unions to route dues collections toward political activism. Justice Samuel Alito, writing for the majority, stated, “States and public-sector unions may no longer extract agency fees from nonconsenting employees.” Union officials fear that millions of workers now will be able to choose whether or not to pay dues. Frankly, such a prospect should be welcomed, not feared.
The Supreme Court’s Janus decision four months ago, which overturned the authority of public-sector unions to force nonmember employees under contract to pay dues or risk losing their jobs, has taken some unexpected turns. Indeed, barely after the ruling, a Columbus, Ohio-based nonprofit group, the Buckeye Institute, filed separate suits on behalf of a high school teacher in Ohio and a college professor in Minnesota challenging the authority of their respective unions to bargain exclusively. In effect, the plaintiffs seek to be freed from representation they never requested in the first place. “These capable public servants have the right to speak for themselves and should be released from forced association with unions and advocacy with which they disagree,” said Institute President Robert Alt. The unions have a different view.
Janus v. AFSCME Council 31 was the most important U.S. Supreme Court decision on public-sector unionism in more than 40 … Read More ➡
The Supreme Court’s 5-4 decision in Janus v. AFSCME was a stunning blow to over 40 years of public-sector union monopoly power. Union leaders for their part are pushing back. They have plenty of allies in state governments, and perhaps no state is as vociferous as New York. Indeed, on June 27, the day of the ruling, Governor Andrew Cuomo signed an executive order to protect union members from outside intimidation – ironic, given the pressure unions often use to collect dues. The State of New York also has begun deducting dues from the pay of government workers without even checking to see if they are members. And now a prominent lawmaker wants taxpayers to reimburse unions for foregone dues.
State and local officials across the country, especially in non-Right to Work states, are helping to lead a popular resistance to Trump administration policies and court … Read More ➡
Few things say “money in the bank” to a public-sector union quite like Medicaid. A proposed federal rule would end this freebie. On July 12, the Department of Health and Human Services (HHS) posted a Notice of Proposed Rulemaking to bar states from using Medicaid funds as a source of dues for unions representing home health care providers. Workers still would have the right to join a union. But non-joiners no longer would be captive of a state agency deducting dues and forwarding them to a union. Over a dozen states now engage in this practice. For organized labor, this arrangement generates around $200 million a year. That’s why unions and the states are resisting the proposed rule in the aftermath of the Supreme Court’s Janus ruling in June. A recent development in Washington State has strengthened the hand of reluctant dues payers while the department finalizes its rule.… Read More ➡
In the annals of American labor relations, history sometimes reverses course. That certainly was true yesterday in Missouri. By a 2-to-1 margin, voters overturned a law passed and signed early last year to protect private-sector workers under union contract from being forced to pay dues in order to keep their jobs. The referendum, known as Proposition A, had been placed on the ballot via petition. Union leaders now are serving notice that the Missouri vote is the beginning of nationwide campaign to repeal similar “Right to Work” laws in 27 other states. “The defeat of this poisonous anti-worker legislation is a victory for all workers across the country,” crowed AFL-CIO President Richard Trumka. His declaration seems a case of myopia.
To organized labor, they’re called dues payments. To some members of Congress, they’re called acts of theft. The critics may be right. During the past several weeks, the Senate Committee on Homeland Security and Government Affairs has been conducting oversight on why Medicaid, a program now consuming well over a half-trillion dollars a year in federal and state taxes, is costing so much. One reason is that unions now skim an estimated $200 million a year from the program, having been granted the authority by more than a dozen states to reclassify home health care workers, including family caregivers, as government employees. This practice undermines statutory intent and a Supreme Court ruling four years ago. Sen. Ron Johnson, R-Wisc., for one, is demanding some answers from the Department of Health and Human Services.
Medicaid is by far the nation’s largest means-tested anti-poverty program. Passed by Congress and signed by President … Read More ➡
On one level, 2017 was a very good year. President Trump, a man who works with unions rather than for them, took office in January. He named Marvin Kaplan and William Emanuel (each approved by the Senate) to fill National Labor Relations Board vacancies, and Peter Robb, another ally of individual worker liberty, as NLRB general counsel. This contrasted with former President Obama’s picks, which created a natural 3-2 pro-union board majority. The reconstituted board already has made a difference. Last month, in PCC Structurals Inc., the board raised the bar for “micro-union” organizing, overturning the misguided Specialty Healthcare decision of 2011. At the state level, Kentucky and Missouri early in the year passed Right to Work legislation (each signed by the respective governors) to protect private-sector nonunion workers from having to pay union dues to keep their jobs.
Crucial as such countervailing forces to union power were, unions … Read More ➡
The resolve of unions to coerce support from unwilling employees shouldn’t be underestimated. Neither should the resistance of such employees. On September 28, the U.S. Supreme Court announced it would hear an appeal in Janus v. AFSCME Council 31, a case challenging the authority of public-sector unions to impose representation-related dues (“agency fees”) upon non-member workers. If successful, the plaintiffs, a State of Illinois child support specialist and two other public employees, will have overturned the basis for 40 years of union-driven bargaining that has pushed many state and local governments to the brink of insolvency. The Court was deadlocked in a similar case last year.
Union Corruption Update has visited this issue several times, most recently in late-March 2016. The U.S. Supreme Court at the time had announced that it was unable to break a 4-4 tie in Friedrichs v. … Read More ➡