February 21, 2018

Justices To Weigh Challenge To Public Sector Union Fees

30 September 2017, 07:16 | Christie Tate

Justices To Weigh Challenge To Public Sector Union Fees

PA Supreme Court clears way for judicially created education standards

Conservatives will look for a boost from the newest justice, Neil Gorsuch, in a year that Justice Ruth Bader Ginsburg has said will be momentous.

On Monday, the court will hear arguments in Murphy Oil v. NLRB and two related cases, where they could find that workers must take all disputes with bosses - including disputes covered by labor law, such as over wages and working conditions - to mandatory arbitration, giving up their right to sue under labor law if they lose. That would be a formidable challenge for the unions.

To prevent this free-rider problem, union contracts often include a provision requiring non-members to pay agency fees.

AFSCME spokesman Anders Lindall says this is an ongoing attack by large corporations to diminish rights of working people. The court issued a 4-4 split decision that left the existing system intact.

At risk is the precedent in Abood v. Detroit Board of Education, the 1977 Supreme Court decision that authorized public-employee unions to charge so-called agency or fair-share fees to employees in the bargaining unit who refuse to join the union. Those who disagree can get a rebate on the "political" part of their union dues but must pay the part of dues that go toward collective bargaining and the like, sometimes called agency fees or fair-share fees. The fees help pay for those efforts. All public employees in the US will, in effect, be treated as though they were in a right to work state.

Unions are required by law to bargain on behalf of every worker in a unionized shop, even if those workers opt not to join the union.

AFSCME also argues that "fair share fees" which was put into law in 1977, are in place because unions are required to represent all employees, regardless if they are in the union or not. That fee can only cover collective bargaining costs and not political activities.

Hidden Apple iOS 11 Features You Need to Try
When you use Control Center to turn off Bluetooth or Wi-Fi in iOS 11, turns out, you're not completely turning off those antennas. In January, Apple reported that 76% of the iOS user base was running iOS 10, which was released on September 13, 2016.

The Janus case was initially brought to federal court, in 2015, by Illinois' Republican governor, Bruce Rauner. Our Never Trump friends should acknowledge that if Hillary Clinton had won the election, she would have appointed a justice to succeed Antonin Scalia who would have voted to keep public employees in a state of involuntary servitude to the unions, and the Democratic Party, forever. "It's not going to be a one-way deal anymore". American Federation of State, County and Municipal Employees, Council 31. However, the people behind this case simply do not believe that working people deserve the same freedoms they have: "to negotiate a fair return on their work", they added.

Friedrichs, libertarian groups, and a group of states led by MI also filed briefs urging the court to take Janus's case. The court stopped just short of overruling Abood, but Justice Samuel A. Alito Jr. wrote some 10 pages questioning Abood's constitutional underpinnings.

Labor unions have been under sustained attack at the high court in recent years.

But the Janus case, which already was making its way through the courts, gives justices another opportunity to settle the question.

The Supreme Court yesterday agreed to listen to arguments in the "Janus" case.

In this case, IL state child protective worker Mark Janus is objecting to being forced to pay fees to the American Federation of State, County and Municipal Employees, or AFSCME which represents him.

The Supreme Court on Thursday said it would decide a case that could see the last bedrock of the labor movement starved of funding. The governor also filed a lawsuit in federal court, asking it to affirm his decision was legal.

Other News

Trending Now

Puerto Rican native APD officer describes damage left by Hurricane Maria
Puerto Rico is beginning the work of rescuing, recovering and rebuilding after the Category 4 hurricane hit the island Wednesday. The number of deaths was expected to climb as officials from remote towns continued to check in with officials in San Juan .

Jimmy Kimmel: Graham-Cassidy Bill Almost Certainly Dead After "Emotional Weekend"
House Speaker Paul Ryan said he and House Republicans were "a little frustrated the Senate has not acted on a seminal promise". With their narrow 52-48 majority in the Senate and solid Democratic opposition, three GOP "no" votes would doom the bill.

Latest Health Care Repeal Bill Would Leave Millions Uninsured, CBO Says
With the fate of the latest Republican effort to repeal and replace Obamacare coming down to the wire in Washington, Gov. Bill Cassidy of Louisiana, told the Washington Post that the new version of his bill would kick more funding to Maine.

Presidents Cup: US takes early lead
The four-day competition pits a US team against a squad representing other parts of the world, except for Europe. Stricker's dozen may not live up to that billing just yet, but they are closing in on something truly special.

Glen Macnow: Eagles give fans an (ugly) win to savor
Manning then connected over the middle to Shepard, who broke a couple of tackles and sprinted all the way for a 21-14 lead. Brad Wing - a legitimate weapon for the Giants last season - ended up shanking the punt, which traveled only 30 yards.

Why West Ham players' WhatsApp group chat is now buzzing
Spurs certainly have the more talented squad, but you never know what might happen in a London derby. It's a massive occasion and we always want to do it for the fans.

140 pro-independence websites shut down in Catalonia
This principle was recently upheld by the Spanish Constitutional Court, which called for the referendum to be suspended. Mr Romeva accused the Spanish government of a "brutal crackdown" on Catalan officials to try to prevent the vote.

Penn State's rocky road to the College Football Playoff
The Hawkeyes recently lost 0-3 to Loyola University Chicago, and they open up Big Ten play against Penn State on September 22. It does seem that previous year was SOMEWHAT outlier on otherwise very successful past decades for the Spartans and Irish.

German Social Christians Turn to the Right After Elections
Another map based on the second vote share for the AfD shows that most of the party's support was in the east of Germany. The AfD won 12.6% of the vote and 94 seats - and with those seats will come financial resources and greater visibility.

Manchester United v Crystal Palace
Zlatan Ibrahimovic is also due to come back into the squad after damaging ligaments in his knee and re-registering with United. UNITED have something of a midfield crisis, with Paul Pogba , Michael Carrick and Marouane Fellaini all out. "He's injured.