Supreme Court Poised to Deal Huge Blow to Unions

Last September, the Supreme Court accepted a case from Illinois state worker Mark Janus who does not want to be in a union and does not want to pay union dues but is forced to.

The case would have been settled in 2016 but unfortunately Justice Scalia died while vacationing at a Texas ranch. The eight remaining justices voted 4-4 which allowed the current law to stand.

Had Hillary won, she no doubt would have put a union supporter on the court. Instead, Trump placed Neil Gorsuch on the court.

The court hears the case of Janus v. AFSCME today.

On Monday the US Supreme Court will hear Janus v. AFSCME. At issue are the constitutionality of laws in 22 states — including New York — that force public employees who do not want to belong to unions to pay unions “agency fees” for bargaining collectively on their behalf. The plaintiff — Illinois state worker Mark Janus — argues that agency fees violate his First Amendment rights of freedom of speech and association by compelling him to underwrite union political activity with which he disagrees.

But public unions don’t just seek to influence already elected officials, they also seek to determine who gets elected. From 2013 to 2016, New York’s government unions spent more than $52 million on state and local elections, according to the Empire Center. Amazingly that sum approached the $63.9 million collectively spent by Gov. Cuomo, the New York State Democratic Committee and state Senate Republicans on their 2014 election campaigns.

The unions argue that a remedy for such impingement on First Amendment rights already exists. Workers who dislike union politics just need to withdraw from the union and opt-out of the political spending (usually by writing an annual letter). The union will then reimburse them for the percentage of their agency fees it says it spent on politics.

But this arrangement stacks the deck in favor of the union. If workers are unsure of their rights or forget to write the opt-out letter, they can subsidize political activity. In addition, the union controls the budget and decides how much it spends on political versus collective bargaining. And in the government context it is it hard to separate political activity from collective bargaining because both are directed at the government.

Even if a line could be drawn between the two, Janus contends that he is still underwriting political activity because collective bargaining in government is inherently political. The subjects up for negotiation — employee pay, benefits, and work rules — are ultimately political decisions about how to allocate tax dollars and how public services should be carried out.

I expect the court to decide against the AFSCME. It will be a welcome ruling, but only a start. The entire notion of “collective bargaining” by public unions is a scam. It needs to go entirely.

Mike “Mish” Shedlock

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ahengshp58
ahengshp58
6 years ago

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ahengshp58
ahengshp58
6 years ago
sammy42
sammy42
6 years ago

I have said it thousands of times before:

If anyone one person wants to complain about not being paid enough or the conditions they work in then they, as a living breathing human being, have that right and it should never be infringed upon. But, when that right is exploited by any organization to no other end than to better themselves financially all while lying about how the math works with retirement funds, pensions, etc, then that is major problem. Unions are not the white knights they claim to be. A long time ago they may have been, but those days are in the past.

$blankman
$blankman
6 years ago

The only issue here, to me, is this: Those employees who choose to join the union should not have to see any of their dues go to represent those who choose not to. Agency fees have always been coupled to DFR; the decoupling needs to be complete.

maynardGkeynes
maynardGkeynes
6 years ago

Well said.

ahengshp58
ahengshp58
6 years ago
AndrewUK
AndrewUK
6 years ago

Of course the basic point is that it is all about Liberty. You shouldn’t be forced to join a Union unlessyou want to do so, and you most certainly shouldn’t have to contribute to its politicking fund unless you wish to do so – you should have to opt in to that, not opt out of it.

MorrisWR
MorrisWR
6 years ago

I am forced at my place of employment to be in a union that basically does nothing but collect their dues (private sector). I have got a whopping 1.6% increase per year the past 8 years. After union dues, that drops to almost zero. After increases in healthcare costs (and I work in a hospital lab), I have went backwards. Someone tell me how this is a strong FREE labor market. I am basically a slave to a union that took over after a I was hired 30 years ago. I did much better before forced to join the union.

Hammeringtruth1
Hammeringtruth1
6 years ago

A bad Contract?

The Teamsters Unions is a collection of overpaid fools who do not appreciate what they have. Mish 4/4/2010

Mish
Mish
6 years ago

Even FDR understood bargaining with public unions was a no-no

SleemoG
SleemoG
6 years ago

So you are unable to distinguish between private unions and public unions. Thank you for making further dialogue unnecessary.

Hammeringtruth1
Hammeringtruth1
6 years ago

More: President Eisenhower recognized that “Workers have a right to organize into unions and to bargain collectively with their employers. And a strong, free labor movement is an invigorating and necessary part of our industrial society.”

Hammeringtruth1
Hammeringtruth1
6 years ago

Here we go:
“Should any political party attempt to abolish social security unemployment insurance and eliminate labor laws and farm programs you would not hear of that party again in our political history. There is a tiny splinter group of course that believes you can do these things. Among them are a few other Texas oil millionaires and an occasional politician or business man from other areas. Their number is negligible and they are stupid.”

― Dwight D. Eisenhower

SleemoG
SleemoG
6 years ago

Would you prefer union bashing from FDR?
112 – Letter on the Resolution of Federation of Federal Employees Against Strikes in Federal Service
August 16, 1937

My dear Mr. Steward:

As I am unable to accept your kind invitation to be present on the occasion of the Twentieth Jubilee Convention of the National Federation of Federal Employees, I am taking this method of sending greetings and a message.

Reading your letter of July 14, 1937, I was especially interested in the timeliness of your remark that the manner in which the activities of your organization have been carried on during the past two decades “has been in complete consonance with the best traditions of public employee relationships.” Organizations of Government employees have a logical place in Government affairs.

The desire of Government employees for fair and adequate pay, reasonable hours of work, safe and suitable working conditions, development of opportunities for advancement, facilities for fair and impartial consideration and review of grievances, and other objectives of a proper employee relations policy, is basically no different from that of employees in private industry. Organization on their part to present their views on such matters is both natural and logical, but meticulous attention should be paid to the special relationships and obligations of public servants to the public itself and to the Government.

All Government employees should realize that the process of collective bargaining, as usually understood, cannot be transplanted into the public service. It has its distinct and insurmountable limitations when applied to public personnel management. The very nature and purposes of Government make it impossible for administrative officials to represent fully or to bind the employer in mutual discussions with Government employee organizations. The employer is the whole people, who speak by means of laws enacted by their representatives in Congress. Accordingly, administrative officials and employees alike are governed and guided, and in many instances restricted, by laws which establish policies, procedures, or rules in personnel matters.

Particularly, I want to emphasize my conviction that militant tactics have no place in the functions of any organization of Government employees. Upon employees in the Federal service rests the obligation to serve the whole people, whose interests and welfare require orderliness and continuity in the conduct of Government activities. This obligation is paramount. Since their own services have to do with the functioning of the Government, a strike of public employees manifests nothing less than an intent on their part to prevent or obstruct the operations of Government until their demands are satisfied. Such action, looking toward the paralysis of Government by those who have sworn to support it, is unthinkable and intolerable. It is, therefore, with a feeling of gratification that I have noted in the constitution of the National Federation of Federal Employees the provision that “under no circumstances shall this Federation engage in or support strikes against the United States Government.”

I congratulate the National Federation of Federal Employees the twentieth anniversary of its founding and trust that the convention will, in every way, be successful.
Very sincerely yours,
Franklin D. Roosevelt

Hammeringtruth1
Hammeringtruth1
6 years ago

I find Mish very informative and I agree with him on many issues. Mish seems to have a blind spot when it comes to union members receiving tax dollars for what he perceives as excess or undeserved. He takes a very libertarian stance. My problem with Mish on this issue is he had no problem taking tax dollars for his subsidized college education. Tax dollars that came out out of my paycheck that I earned doing a unionized job. Before anyone tries to guess my political viewpoint I must tell you that I voted for Trump and wrote in Ron Paul in the previous 2 presidential elections. I have a website dedicated to exposing our corrupt government. More to come….

Mish
Mish
6 years ago

Yes, I had an article up from September when they agreed to hear it. It took 4 months from the announcement just to hear the case. I have been following this story for a long time. Had Scalia not died, this would already be resolved. I hope the unions have to pay back the money they stole.

stillCJ
stillCJ
6 years ago

It will probably be several months before the Supremes announce their ruling on this case.

ben
ben
6 years ago

With some exceptions, most primaries are party specific.

KidHorn
KidHorn
6 years ago

I take it you don’t live in Washington DC.

MntGoat
MntGoat
6 years ago

Hammeringtruth….how about you give us your PRO public union argument vs. whining about Mish stance?

tedr01
tedr01
6 years ago

Nope. Mish is just stating the facts when it comes to unions. The world has changed and if unions want to survive they better adept to economy realty. Please read my post on this topic. All the best.

tedr01
tedr01
6 years ago

Public unions should take a look at what happened to the United Mine Workers of America and realize that unions are, for the most part, finished.

JonSellers
JonSellers
6 years ago

I expect the Supreme Court to side against the AFSCME also. Let’s remember that public sector unions are the last reminders to the American people of the kinds of benefits enjoyed by almost all Americans a couple of generations ago. They must not be allowed to go on.

Hammeringtruth1
Hammeringtruth1
6 years ago

More union bashing from Mish.

BillSanDiego
BillSanDiego
6 years ago

I hope the statement by a SEIU leader in a town hall meeting to a city official, “We got you elected and we can throw you out,” gets submitted as the corrupting influnce of public sector unions.

wootendw
wootendw
6 years ago

“I expect the court to decide against the AFSCME” I expect the court to decide in FAVOR of AFSCME. I hope to get a pleasant surprise when my expectation proves wrong.

Bill P
Bill P
6 years ago

2banana, remember that public unions are not allowed in all states. 28 states are “right to work states” which do not have these union dues requirements and in many instances actually outlaw public union collective bargaining. Luckily, I live in one such state and union money in elections is not an issue (unless it comes in from other states during an especially contentious election).

2banana
2banana
6 years ago

Public unions are the largest campaign money contributors of all time. And they give 99-1 to democrats. In fact, without their support, a Democrat would have zero chance of winning a primary in any large American city or state.

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