May 07, 2021

Supreme Court will hear union fee case: Unions respond with anger

29 Setiembre 2017, 04:32 | Bibiana Flor

Supreme Court will hear union fee case: Unions respond with anger

Supreme Court will hear union fee case: Unions respond with anger

By the time it was decided, the Supreme Court was short one member following the death of conservative Justice Antonin Scalia.

Instead, it'll be a case filed by Mark Janus, an IL child protection specialist, that will make history for its role in determining the future strength of public sector unions, or the weakness of them.

To view the full article, register now. Around the same time, a federal judge dismissed Rauner from a parallel case, saying he lacked standing to challenge public unions in his official capacity because he had "no personal interest at stake". In reality, the return of the Supreme Court every October and its recess right before the summer mirrors a televised drama.

"This case is a blatant attempt to take away the freedom of working people to join unions and speak up for themselves on the job", Pallotta said. They're the charges that public sector unions in California collect from all employees they represent, regardless of whether workers want to belong to the bargaining group.

However, the governor's attorneys argued against judicial intervention at the hearing before the court a year ago.

However, Janus' legal team had indicated from the beginning it was their desire to ultimately take the case to the Supreme Court, the one court with the authority to undo Abood entirely.

Much like Mark Janus is arguing that compelled union dues require him to support activities he disagrees with, Hobby Lobby argued that the Obama administration compelled them to violate the teachings of their faith by providing financial support for activities they fundamentally opposed.

The legislative and executive branch defendants have argued the lawsuit raises political questions that are not appropriate for the courts. "About half of all union members now work for federal, state and local governments, and many are in states like Illinois, New York, and California that are largely Democratic and seen as friendly toward unions", the report said.

The second case added to the docket, Encino Motorcars, LLC v. Navarro (Case No. 16-1362), raises a question under the Fair Labor Standards Act (FLSA) and is back before the Court for another round of scrutiny, after a remand a year ago. "Janus v. AFSCME presents an opportunity to restore fairness and First Amendment rights to millions of American workers by giving them the right to choose whether to support a union with their money".

The lead plaintiff in the case the court accepted is Mark Janus, a child-support specialist at the Illinois Department of Healthcare Services. American Federation of State, County and Municipal Employees, a mouthful of a caption that could just as easily be titled Friedrichs II: The Empire Strikes Back.

Minnesota, where I live, is one of a number of states where public sector unions, especially teachers' unions, are by far the most powerful political force.

Illinois Gov. Bruce Rauner, who has pushed a pro-business agenda from his first day as a candidate, has made no secret of his anti-union position regarding state employees. That fee can only cover collective bargaining costs and not political activities.

This morning the Supreme Court issued orders from its September 25 conference, adding 11 new cases (for a total of nine additional hours of argument) to its merits docket for the term.

Janus vs. AFSCME challenges the constitutionality of compelling government workers to pay dues to a union to which they do not wish to join.

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