Site icon The Punching Bag Post

SCOTUS Eliminates Union Fair Share Fees

<p>The Supreme Court on Wednesday ruled that unions cannot force government employees to pay dues&period;&nbsp&semi;<&sol;p>&NewLine;<p>The ruling essentially overturns a 41-year-old decision that had given states the authority to decide whether public employees&comma; including non-members&comma; were required to contribute to the unions that represent them&period;<&sol;p>&NewLine;<p>&ldquo&semi;The 5-4 decision fulfills a longtime wish of conservatives to get rid of the so-called &&num;8216&semi;fair share&&num;8217&semi; fees that non-members pay to unions in roughly two dozen states&comma;&rdquo&semi; reports<em> Newsmax<&sol;em>&period;<&sol;p>&NewLine;<p>In his majority opinion&comma; Justice Samuel Alito explained that forcing non-members to pay dues is a violation of the <em>First Amendment<&sol;em> because in some cases it forces employees to financially contribute to a group with opposing political views&period; &ldquo&semi;Neither an agency fee nor any other payment to the union may be deducted from a non-member&rsquo&semi;s wages&comma; nor may any other attempt be made to collect such a payment&comma; unless the employee affirmatively consents to pay&comma;&rdquo&semi; wrote Alito&period;&nbsp&semi;<&sol;p>&NewLine;<p>The dissenting justices bemoaned the fate of labor unions and accused their conservative fellows of misrepresenting the <em>First Amendment&period;&nbsp&semi;<&sol;em><&sol;p>&NewLine;<p>The majority ruling &ldquo&semi;overthrows a decision entrenched in this nation&rsquo&semi;s law&hellip&semi;for over 40 years&comma;&rdquo&semi; wrote Justice Elena Kagan&period; &ldquo&semi;It prevents the American people&hellip&semi;from making important choices about workplace governance&period; And it does so by weaponizing the <em>First Amendment<&sol;em>&nbsp&semi;in a way that unleashes judges&comma; now and in the future&comma; to intervene in economic and regulatory policy&period;&rdquo&semi;<&sol;p>&NewLine;<p>Kagan was joined in her dissenting opinion by&nbsp&semi;Justices Stephen Breyer&comma; Ruth Bader GInsburg&comma; and Sonia Sotomayor&period;<&sol;p>&NewLine;<p>&ldquo&semi;Almost all economic regulatory policy affects or touches speech&comma;&rdquo&semi; continued Kagan&period; &ldquo&semi;So the majority&rsquo&semi;s road runs long&period; And at every stop are black-robed rulers overriding citizens&rsquo&semi; choices&period; The <em>First Amendment<&sol;em> was meant for better things&period; It was meant not to undermine but to protect democratic governance &&num;8211&semi; including over the role of public-sector unions&period;&rdquo&semi;<&sol;p>&NewLine;<p>The Supreme Court&nbsp&semi;considered a similar case&nbsp&semi;on fair share fees in 2016&comma; but the ruling was split 4-4 following the&nbsp&semi;surprise death of Justice Antonin Scalia&period;<&sol;p>&NewLine;<p><strong>Last year&comma; unions strongly opposed President Trump&&num;8217&semi;s nomination of Neil Gorsuch to the bench&period;<&sol;strong><&sol;p>&NewLine;<p>&&num;8220&semi;Supreme Court rules in favor of non-union workers who are now&comma; as an example&comma; able to support a candidate of his or her choice without having those who control the union deciding for them&comma;&rdquo&semi;&nbsp&semi;Trump tweeted on Wednesday&period; &ldquo&semi;Big loss for the coffers of the Democrats&excl;&rdquo&semi;<&sol;p>&NewLine;<p>Nearly 30 states have &&num;8220&semi;right-to-work&&num;8221&semi; laws that ban unions from demanding fair share fees&comma; but a majority of public-sector union members live in states that don&rsquo&semi;t &lpar;such as New York&comma; California&comma; and Illinois&rpar;&period; In states without right-to-work laws&comma; unions insist fair share fees are necessary to conduct collective bargaining for wage and benefit increases&comma; workplace safety&comma; and grievance procedures&period; This work benefits all employees &&num;8211&semi; not just members&period;<&sol;p>&NewLine;<p>The Supreme Court&&num;8217&semi;s ruling stands to affect more than 5 million government workers throughout the country&comma; and could lead to a 10&percnt; decrease in union membership&period;&nbsp&semi;<&sol;p>&NewLine;<p>Labor unions might &ldquo&semi;experience unpleasant transition costs in the short term&comma;&rdquo&semi; noted Alito&comma; but should not forget about the &ldquo&semi;considerable windfall&rdquo&semi; they have enjoyed for the past 41 years&period;&nbsp&semi;<&sol;p>&NewLine;<p>According to <em>The&nbsp&semi;New York Times<&sol;em>&comma; however&comma; some labor unions have been preparing for the Supreme Court ruling&nbsp&semi;by tightening relationships with existing members and investing in aggressive membership campaigns&period;&nbsp&semi;<&sol;p>&NewLine;<p>&ldquo&semi;No one wanted this case&comma;&rdquo&semi; said President Randi Weingarten of the American Federation of Teachers&period; &ldquo&semi;But the gestalt around the country has been to turn an existential threat into an opportunity to engage with our members like never before&period;&rdquo&semi;&nbsp&semi;<&sol;p>&NewLine;<p>In the meantime&comma; conservatives groups are bringing lawsuits to retroactively recover fees collected by unions from non-members as well as running campaigns aimed to convince workers to leave their unions&period;<&sol;p>&NewLine;<p><strong>Editor&&num;8217&semi;s note<&sol;strong>&colon; This is a major blow to the financing and overall power of unions&period; And with the subsequent lawsuits&comma; it could bring some of them all the way down&period;<&sol;p>&NewLine;

Exit mobile version