Sunday, July 22, 2018
Hawai'i Free Press

Current Articles | Archives

Wednesday, June 27, 2018
Supreme Court Rules Government Unions Cannot Force Workers to Pay Dues
By Selected News Articles @ 11:50 AM :: 795 Views :: First Amendment, Labor

THE SUPREME COURT JUST HANDED DOWN ITS BIG DECISION ON MANDATORY UNION DUES

by Kevin Daley, Daily Caller, June 27, 2018

The U.S. Supreme Court ruled Wednesday that public sector unions cannot force some 5 million government workers to pay mandatory fees.

A five-justice majority led by Justice Samuel Alito found the practice violates the Constitution.

“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,” Alito wrote in the majority opinion.

“This is the biggest victory for workers’ rights in a generation,” said Jacob Huebert, an attorney for the plaintiff. “The First Amendment guarantees each of us, as individuals, the right to choose which groups we will and won’t support with our money. Today the Supreme Court recognized that no one should be forced to give up that right just to be allowed to work in government.”

A 1977 Supreme Court precedent called Abood v. Detroit Board of Education allows public sector unions to collect administrative fees from government workers to cover the cost of collective bargaining. Many state and local governments designate a single union as their exclusive bargaining partner, meaning all public employees are bound by the contractual agreements labor leaders reach with public officials.

These so-called agency fees protect union shops from the free-rider problem, in which non-unionized workers enjoy the benefits of membership without enrolling in a union.

Abood also provides that agency fees may only be used for contract negotiations. They cannot finance political expenditures.

The decision has long been something of a pet peeve to conservative jurists, who argue it draws a meaningless distinction. As they see it, collective bargaining is an inherently political process, meaning government workers are made to subsidize speech with which they may disagree, in violation of the First Amendment.

Wednesday’s case was occasioned when a child support specialist in the Illinois Department of Healthcare and Family, Mark Janus, brought a suit against the American Federation of State, County, and Municipal Employees (AFSCME), which deducts a fee from his monthly paycheck.

Alito forcefully rejected Abood’s typical justifications — the maintenance of labor peace and the free rider problem. The decision concludes that longstanding fears of disorder and union rivalry have proved unfounded as time progressed. What’s more, labor’s duty to represent nonmembers in contract negotiations does not depend on agency fees, Alito argued, as evidenced by numerous jurisdictions where forced fees are not collected.

Though the Court is generally weary of overturning past precedents, the majority found subsequent developments have undermined Abood’s validity, warranting its cancellation. Alito also said the decision itself was “poorly reasoned.”

The Trump administration supported Janus in the litigation.

Wednesday’s decision was widely expected, and is the culmination of a years long effort to strike down agency fees. The Court was poised to end the practice in January 2016, when it heard arguments in a case presenting a direct First Amendment challenge to mandatory fees.

The late Justice Antonin Scalia’s death left a short-handed Court unable to resolve that dispute. The Court agreed to hear Wednesday’s case shortly after Justice Neil Gorsuch’s confirmation in 2017.

The Court strongly signaled it was prepared to overturn Abood in earlier decisions from 2012 and 2014.

Justice Elena Kagan led the liberal bloc in dissent, blasting the high court for using the First Amendment to dismantle “workaday economic and regulatory policy.” She predicted a grim future for the country should the Court continue to use speech as a basis for invalidating longstanding practices.

“Speech is everywhere — a part of every human activity,” Kagan wrote. “For that reason, almost all economic and regulatory policy affects or touches speech. So the majority’s road runs long. And at every stop are black-robed rulers overriding citizens’ choices.”

“The First Amendment was meant for better things,” she added.

---30---

Coverage:

Background:

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

808 State Update AM940

ABCDEFG Blog

ACA Signups Hawaii

ACCE

ALEC

Alliance Defending Freedom

Aloha Conservative Alliance

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii

AMVETS-Hawaii

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

Conservative Forum for Hawaii

CSIS Pacific Forum

DAR Hawaii

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Habele.org

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Senate Informer

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Hawaii Votes

Heritage Foundation

HI Coalition Against Legalized Gambling

HIEC.Coop

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube

HPACC

Hump Day Report

Hunting, Farming and Fishing Assoc.

I Vote Hawaii

If Hawaii News

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

Judgepedia Hawaii

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

OHA Lies

Ohana Policy Group

OurFutureHawaii.com

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Salvage The Rail

Save the Plastic Bag

School Choice in Hawaii

SenatorFong.com

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Copenull

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

TEA Party Maui

TFB Micronesia

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

United Veterans Hawaii

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT