Results 1 to 1 of 1
Like Tree1Likes
  • 1 Post By GeorgiaPeach

Thread: Supreme Court rules nonunion workers cannot be forced to pay fees to public sector un

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

  1. #1
    Super Moderator GeorgiaPeach's Avatar
    Join Date
    Aug 2006
    Posts
    19,771

    Supreme Court rules nonunion workers cannot be forced to pay fees to public sector un

    Supreme Court rules nonunion workers cannot be forced to pay fees to public sector unions






    June 27, 2018

    Tucker Higgins

    The Supreme Court ruled 5-4 Wednesday in Janus v. AFSCME that nonunion workers cannot be forced to pay fees to public sector unions.


    The case, one of the most hotly anticipated of the term, is the second in two days to hand a major victory to conservatives, following Tuesday's holding by the court that President Donald Trump's travel ban is constitutional. Some experts have said that a holding in favor of Janus would be the most significant court decision affecting collective bargaining in decades.

    Mark Janus, an employee at the Illinois Department of Healthcare and Human Services, asked the court last summer to overrule a 40-year-old Supreme Court decision. It found that public sector unions could require employees affected by their negotiations to pay so-called "agency fees," which have also been called "fair share fees."


    Those fees, approved by the court in the 1977 case Abood v. Detroit Board of Education, cover collective bargaining costs, such as contract negotiations, but are meant to exclude political advocacy.


    Janus argued that his $45 monthly fee to the American Federation of State, County, and Municipal Employees was unconstitutional. He said the fees infringed on his first amendment rights, and that, in the case of public employees whose contract negotiations are with the government, the fees were a form of political advocacy.


    He argued that there was little distinction, for instance, between requiring employees to fund unions that engage in political lobbying and requiring them to fund political groups such as the Democratic Party.


    The court on Wednesday agreed with Janus's argument.
    "Compelling individuals to mouth support for views they find objectionable violates that cardinal constitutional command, and in most contexts, any such effort would be universally condemned," wrote Justice Samuel Alito, who authored the court's opinion in the case.


    Trump hailed the ruling immediately after it was handed down. In a post on Twitter, the president wrote that the decision was a "loss for the coffers of the Democrats."



    The Supreme Court Wednesday dismissed the union's argument that agency fees prevented free-riding from employees who benefit from the union's negotiations. AFSCME argued that, because it was obligated by law to represent the interests of both union and non-union members, the fees were a way for employees to pay their fair share for contact negotiations from which they benefited.


    Avoiding free riders, Alito wrote, "is not a compelling interest."
    "Many private groups speak out with the objective of obtaining government action that will have the effect of benefiting nonmembers," he wrote. "May all those who are thought to benefit from such efforts be compelled to subsidize this speech?"


    The case is the third in five years on the question of fair share fees to come before the Supreme Court. In 2014, the question came to the court in Harris v. Quinn, but the justices declined to answer the central question over agency fees' constitutionality, and instead ruled 5-4 that the petitioners in the case were not public employees.


    In 2016, the court issued a one sentence opinion in Friedrichs v. California Teachers Association that left the question open.




    https://www.cnbc.com/2018/06/27/supr...nion-case.html
    Last edited by GeorgiaPeach; 06-27-2018 at 10:51 AM.
    MW likes this.
    Matthew 19:26
    But Jesus beheld them, and said unto them, With men this is impossible; but with God all things are possible.
    ____________________

    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)


Similar Threads

  1. Replies: 1
    Last Post: 06-20-2017, 09:05 PM
  2. New English language rules for migrant public sector workers
    By JohnDoe2 in forum illegal immigration News Stories & Reports
    Replies: 0
    Last Post: 09-17-2015, 11:39 PM
  3. The Supreme Court Deals Blow To Public-Sector Unions
    By kathyet2 in forum Other Topics News and Issues
    Replies: 0
    Last Post: 07-01-2014, 09:06 AM
  4. BREAKING:Court: Public union can't make nonmembers pay fees
    By florgal in forum Other Topics News and Issues
    Replies: 3
    Last Post: 06-30-2014, 07:45 PM
  5. COURT RULES FOR HOBBY LOBBY IN HHS MANDATE CASE, SUPREME COURT NEXT?
    By Newmexican in forum Other Topics News and Issues
    Replies: 3
    Last Post: 07-19-2013, 10:33 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •