Current Events > Supreme Court deals blow to public sector unions, rules against mandatory fees

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tennisdude818
06/27/18 10:55:12 AM
#1:


http://thehill.com/regulation/court-battles/394371-court-deals-blow-to-public-sector-unions-ruling-against-fair-share

The Supreme Court ruled Wednesday that public sector unions for state and local employees cant force non-members to pay a fair-share union fee.

In a 5-4 ruling, the court said the extraction of agency fees from non-consenting public sector employees violates the First Amendment.

The courts conservative wing led by Justice Samuel Alito overturned a 1977 court precedent that allowed public-sector unions to accept fees from non-members to cover non-political union activities like collective bargaining.

The court said Abood was poorly reasoned and wrongly decided.

"Neither an agency fee nor any other payment to the union may be deducted from the nonmember's wages, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay," Alito wrote.

"By agreeing to pay, nonmembers are waiving their First Amendment rights and such a waiver cannot be presumed."

he courts newest member, Justice Neil Gorsuch, likely cast the deciding vote in the dispute, which deadlocked the justices in a 4-4 split in a similar case in 2016 following the death of the late Justice Antonin Scalia.

Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas and Neil Gorsuch sided with Alito in the majority. The court's liberal wing Justices Sonia Sotomayor, Elena Kagan, Ruth Bader Ginsburg and Stephen Breyer dissented.

The case centers on an Illinois law, similar to those in 22 other states, that allow public-sector unions to collect a fair-share fee from employees for non-political activities like collective bargaining, regardless of whether those employees belong to the union or not.

Mark Janus, a state child support specialist at the center of the case, argued against having to give up about $45 from each paycheck to the American Federation of State, County and Municipal Employees (AFSCME) Council 31. Doing so, he said, violates his First Amendment rights because it forces him to support the unions messaging.

The union, AFSCME, argues it needs the fair-share funds to offset the significant costs it incurs negotiating working conditions for all employees. State laws allowing unions to collect these fees are justified, the union said, to avoid a situation where nonunion members get a "free ride."

In a dissenting opinion, which Justices Ginsburg, Breyer and Sotomayor joined, Kagan said the courts decision will have large-scale consequences.

Public employee union will lose secure sources of financial support, she said.

State and local governments that thought fair-share provisions furthered their interests will need to find news ways of managing their work forces. Across the country, the relationships of public employees and employers will alter in both predictable and wholly unexpected ways.

A group of 15 public sector unions warned the court in a friend of the court brief that eliminating fair-share fees would eviscerate public sector unions, depriving them of resources they need to perform their essential public functions.

The elimination of fair-share fees would create an all-or-nothing choice for the workers whom unions represent: pay union dues or pay nothing but still receive the benefits a union provides, they wrote.

In that world, many rational employees will choose to become free riders.


Great news!
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tremain07
06/27/18 10:57:57 AM
#2:


The unions are going to die and as soon as they do, expect a massive rollback on whatever they've accomplished for workers rights
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frozenshock
06/27/18 10:58:54 AM
#3:


The free-riders argument is very true if you've been following the history of unions.

With this and allowing scabs during strikes, unions in the US are pretty much zombies.
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frozenshock
06/27/18 10:59:22 AM
#4:


tremain07 posted...
The unions are going to die and as soon as they do, expect a massive rollback on whatever they've accomplished for workers rights


Let's get rid of emergency fire exits at factories!
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Abyssea
06/27/18 11:02:06 AM
#5:


frozenshock posted...
tremain07 posted...
The unions are going to die and as soon as they do, expect a massive rollback on whatever they've accomplished for workers rights


Let's get rid of emergency fire exits at factories!


yea, from a cost point of view, there really aren't enough fires to justify the need for special fire exits. In the case of a fire, it'd be cheaper to just hire new employees.
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tennisdude818
06/27/18 11:03:46 AM
#6:


Abyssea posted...
frozenshock posted...
tremain07 posted...
The unions are going to die and as soon as they do, expect a massive rollback on whatever they've accomplished for workers rights


Let's get rid of emergency fire exits at factories!


yea, from a cost point of view, there really aren't enough fires to justify the need for special fire exits. In the case of a fire, it'd be cheaper to just hire new employees.


You guys saw that this is about public sector unions, right?
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Damn_Underscore
06/27/18 11:03:51 AM
#7:


Whether you support unions or not, this is fair. Why should non-members have to pay union fees?

The solution for unions is to make people want to join.
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PoopPotato
06/27/18 11:04:09 AM
#8:


Fair. Just not sure why you wouldn't go ahead and join the union if you were already paying their dues.
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KhanJohnny
06/27/18 11:05:08 AM
#9:


I honestly agree with the conservatives on this as a matter of law, but this is terrible news for unions.
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DifferentialEquation
06/27/18 11:05:34 AM
#10:


Oh no! Now the unions might actually have to prove their worth and earn people's money instead of operating like the mafia!
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frozenshock
06/27/18 11:20:48 AM
#11:


Damn_Underscore posted...
Whether you support unions or not, this is fair. Why should non-members have to pay union fees?

The solution for unions is to make people want to join.


Because here's the thing.

If you are not a member of the union, you still benefit from the union's negotiation and the resulting CBA. You get all the benefits, like the paid vacations, wages, etc.

Those are the free-riders. They don't participate, they don't pay the fees, but they get the rewards just the same. So that's why non-members are made to pay the fees.

Obviously employers fight tooth and nail against those mandatory fees. Employers want free-riders because it obviously weakens the unions.
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KamenRiderBlade
06/27/18 11:22:00 AM
#12:


frozenshock posted...
Because here's the thing.

If you are not a member of the union, you still benefit from the union's negotiation and the resulting CBA. You get all the benefits, like the paid vacations, wages, etc.

Those are the free-riders. They don't participate, they don't pay the fees, but they get the rewards just the same. So that's why non-members are made to pay the fees.

Obviously employers fight tooth and nail against those mandatory fees. Employers want free-riders because it obviously weakens the unions.
Or the Employer can have separate employment contract conditions & terms for Union Members & Non-Union Members.
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Damn_Underscore
06/27/18 11:25:12 AM
#13:


Or the union can demand that there be separate contracts for union members and non-members
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frozenshock
06/27/18 11:26:06 AM
#14:


KamenRiderBlade posted...
Or the Employer can have separate employment contract conditions & terms for Union Members & Non-Union Members.


It's not that simple.

Unions represent "blocks" of workers that have to be clearly defined, even if not all the workers in that "block" are members.

A union might, for example, represent "all the salespeople in the clothing section" or something.
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Questionmarktarius
06/27/18 11:27:46 AM
#15:


Public-sector unions shouldn't exist anyway.
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tennisdude818
06/27/18 11:29:04 AM
#16:


Questionmarktarius posted...
Public-sector unions shouldn't exist anyway.


This. You cant negotiate in good faith with other peoples money.
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KamenRiderBlade
06/27/18 11:29:44 AM
#17:


frozenshock posted...
A union might, for example, represent "all the salespeople in the clothing section" or something.
Can't it represent some Sales People in the clothing section while there will be Non-Union workers within the same section?

There's no law that states a division of workers must have "All Union Workers" or "No Union Workers"

This is based on what the Employer will allow.
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KamenRiderBlade
06/27/18 11:30:10 AM
#18:


tennisdude818 posted...
Questionmarktarius posted...
Public-sector unions shouldn't exist anyway.
I concur, Public Sector already gets the cushiest of gigs, there is no reason for Unions.
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Tyranthraxus
06/27/18 11:32:27 AM
#19:


tremain07 posted...
The unions are going to die and as soon as they do, expect a massive rollback on whatever they've accomplished for workers rights

Unions accomplished the majority of their progress as voluntary organizations. They didn't even have fees to start. They were just people who went on strike.

And a majority of what they accomplished is law now.
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Balrog0
06/27/18 11:37:03 AM
#20:


fair, next
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darkjedilink
06/27/18 11:37:12 AM
#21:


Tyranthraxus posted...
tremain07 posted...
The unions are going to die and as soon as they do, expect a massive rollback on whatever they've accomplished for workers rights

Unions accomplished the majority of their progress as voluntary organizations. They didn't even have fees to start. They were just people who went on strike.

And a majority of what they accomplished is law now.

Sssssshhhhhhhhh......
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AlephZero
06/27/18 11:41:19 AM
#22:


turns out you can't compel people to give money to organizations they disagree with, who knew
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Balrog0
06/27/18 11:44:42 AM
#23:


AlephZero posted...
turns out you can't compel people to give money to organizations they disagree with, who knew


you can, actually, just not if they work for the government

Janus only applies to public unions. Agency fees are still allowed in the private sector, afaik
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chrono625
06/27/18 11:46:48 AM
#24:


Private sector, like I'm in, doesnt effect me. (Right now at least).

What unions claim your dues cover can just be withheld from non paying members.

Simple as that. For example, the lawyer they have on retainer to represent all union workers.

As a non paying member you'll have hire your own attorney should you need counsel. Which is fair. If you dont want to pay, that's perfectly fine. But dont expect all the "perks" that paying members will get.

Also, if I ever had this decision brought onto me, I'll pay. Cause I know the union would look to hold back certain services just because.
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Manocheese
06/27/18 7:27:48 PM
#25:


https://www.youtube.com/watch?v=P3ALwKeSEYs" data-time="


This is a tremendous victory for individual liberty.
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prince_leo
06/27/18 7:33:00 PM
#26:


i'm in a public sector union and it's pretty interesting how my union rep has emailed me a couple times basically asking us not to quit because it'll weaken us all
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Coffeebeanz
06/27/18 7:34:06 PM
#27:


Fair share fees are total bullshit
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DarkTransient
06/27/18 7:37:13 PM
#28:


Damn_Underscore posted...
Whether you support unions or not, this is fair. Why should non-members have to pay union fees?

The solution for unions is to make people want to join.

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voldothegr8
06/27/18 7:43:00 PM
#29:


Nice I just got a small raise!
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Abyssea
06/27/18 7:45:30 PM
#30:


doesnt matter to me because i didnt have a union to begin with. i wish we had a "billing specialist" union. We'd demand fresh coffee (keurig pls with a variety of k-cups), snacks, and ergonomic keyboards.
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KiwiTerraRizing
06/27/18 7:47:32 PM
#31:


Get ready to lose all benefits unions achieved for us.

In a few years bosses will be able to pay you nothing and assault you with no recourse.

Were all fucked.
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FLUFFYGERM
06/27/18 7:48:41 PM
#32:


hopefully this collapses the chicago public school's teachers union
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FLUFFYGERM
06/27/18 7:48:54 PM
#33:


KiwiTerraRizing posted...
Get ready to lose all benefits unions achieved for us.

In a few years bosses will be able to pay you nothing and assault you with no recourse.

Were all fucked.


lmfao
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Manocheese
06/27/18 7:50:34 PM
#34:


It's hilarious how badly liberals are overreacting to this decision. "In a few years, children will be working 16-hour days in sweatshops for 10 cents an hour!!!"
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Uncle Choad
06/27/18 7:53:52 PM
#35:


tremain07 posted...
The unions are going to die and as soon as they do, expect a massive rollback on whatever they've accomplished for workers rights


I doubt it. People will raise hell if that ever happens.

The only thing I'm expecting is political donations to dry up a bit, and a few of those nice houses on Martha's Vineyard may be up for sale soon.
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Uncle Choad
06/27/18 7:55:05 PM
#36:


Manocheese posted...
It's hilarious how badly liberals are overreacting to this decision. "In a few years, children will be working 16-hour days in sweatshops for 10 cents an hour!!!"


Muh universal basic income! (More like a useless person without any skills or drive who is going to raise even less useful people without any skills or drive. Perfect for the gubment to have full control over. Kind of like Sovie....oh shit.)
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KiwiTerraRizing
06/27/18 7:55:23 PM
#37:


Uncle Choad posted...
tremain07 posted...
The unions are going to die and as soon as they do, expect a massive rollback on whatever they've accomplished for workers rights


I doubt it. People will raise hell if that ever happens.

The only thing I'm expecting is political donations to dry up a bit, and a few of those nice houses on Martha's Vineyard may be up for sale soon.


What the people want has zero effect on policy and legislation. Thats a fact, its what corporations want and will allow.

How to you think corporations feel about workers rights?
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kingdrake2
06/27/18 7:56:17 PM
#38:


Uncle Choad posted...
Manocheese posted...
It's hilarious how badly liberals are overreacting to this decision. "In a few years, children will be working 16-hour days in sweatshops for 10 cents an hour!!!"


Muh universal basic income! (More like a useless person without any skills or drive who is going to raise even less useful people without any skills or drive. Perfect for the gubment to have full control over. Kind of like Sovie....oh shit.)


it's already turned into that but without the universal income under dictator trump.
the wheels are already in motion.
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Uncle Choad
06/27/18 7:56:41 PM
#39:


KiwiTerraRizing posted...
Uncle Choad posted...
tremain07 posted...
The unions are going to die and as soon as they do, expect a massive rollback on whatever they've accomplished for workers rights


I doubt it. People will raise hell if that ever happens.

The only thing I'm expecting is political donations to dry up a bit, and a few of those nice houses on Martha's Vineyard may be up for sale soon.


What the people want has zero effect on policy and legislation. Thats a fact, its what corporations want and will allow.

How to you think corporations feel about workers rights?


IDK. I'm not in a union but I'm pretty sought after. Corporations want the D.
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voldothegr8
06/27/18 7:56:46 PM
#40:


KiwiTerraRizing posted...
How to you think corporations feel about workers rights?

This isn't about private sector unions nor affects them.
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FLUFFYGERM
06/27/18 7:58:25 PM
#41:


@Antifar
@Godnorgosh

how shall we celebrate this wonderful day comrades?
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KiwiTerraRizing
06/27/18 8:01:16 PM
#42:


voldothegr8 posted...
KiwiTerraRizing posted...
How to you think corporations feel about workers rights?

This isn't about private sector unions nor affects them.


They already fucked them, but that isnt the point.

Unions gained benefits for all Americans as they wielded such political power. When unions were powerful it was the only time politicians did anything to benefit working class people.

Now that all unions are gutted they have no reason to consider blue collar workers needs.
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Uncle Choad
06/27/18 8:02:41 PM
#43:


KiwiTerraRizing posted...
voldothegr8 posted...
KiwiTerraRizing posted...
How to you think corporations feel about workers rights?

This isn't about private sector unions nor affects them.


They already fucked them, but that isnt the point.

Unions gained benefits for all Americans as they wielded such political power. When unions were powerful it was the only time politicians did anything to benefit working class people.

Now that all unions are gutted they have no reason to consider blue collar workers needs.


Remember that time wages stagnated for the past 20-30 years and your average guy can't buy a house at 22 anymore?

I 'member.
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KiwiTerraRizing
06/27/18 8:04:42 PM
#44:


Uncle Choad posted...
KiwiTerraRizing posted...
voldothegr8 posted...
KiwiTerraRizing posted...
How to you think corporations feel about workers rights?

This isn't about private sector unions nor affects them.


They already fucked them, but that isnt the point.

Unions gained benefits for all Americans as they wielded such political power. When unions were powerful it was the only time politicians did anything to benefit working class people.

Now that all unions are gutted they have no reason to consider blue collar workers needs.


Remember that time wages stagnated for the past 20-30 years and your average guy can't buy a house at 22 anymore?

I 'member.


Yeah, and Unions peaked in the mid 50s, not a coincidence
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kingdrake2
06/27/18 8:06:20 PM
#45:


in the 50's. women didn't have much luck to get into unions.
the bosses fucked them over royally.
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Uncle Choad
06/27/18 8:07:11 PM
#46:


KiwiTerraRizing posted...
Uncle Choad posted...
KiwiTerraRizing posted...
voldothegr8 posted...
KiwiTerraRizing posted...
How to you think corporations feel about workers rights?

This isn't about private sector unions nor affects them.


They already fucked them, but that isnt the point.

Unions gained benefits for all Americans as they wielded such political power. When unions were powerful it was the only time politicians did anything to benefit working class people.

Now that all unions are gutted they have no reason to consider blue collar workers needs.


Remember that time wages stagnated for the past 20-30 years and your average guy can't buy a house at 22 anymore?

I 'member.


Yeah, and Unions peaked in the mid 50s, not a coincidence


Late 1980s, son. People were making $20-25 an hour at normal jobs back then. Like truck driver jobs normal.
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Dat_Cracka_Jax
06/28/18 6:39:36 AM
#47:


I don't understand why people who choose not to be in the union don't have to undergo their own contract bargaining
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treewojima
06/28/18 6:56:17 AM
#48:


I, for one, love negotiating my own contract with my employer. It's so nice bargaining with someone who has way more leverage than I do. If I were to go ask for fair pay I'd be told where to stick it.

It's no wonder the average worker's wage/salary in America is stagnant.
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darkjedilink
06/28/18 7:52:53 AM
#49:


treewojima posted...
I, for one, love negotiating my own contract with my employer. It's so nice bargaining with someone who has way more leverage than I do. If I were to go ask for fair pay I'd be told where to stick it.

It's no wonder the average worker's wage/salary in America is stagnant.

If you are so replaceable at your job that you have so little leverage, then you're already getting a fair wage.
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Coffeebeanz
06/28/18 9:12:17 AM
#50:


treewojima posted...
I, for one, love negotiating my own contract with my employer. It's so nice bargaining with someone who has way more leverage than I do. If I were to go ask for fair pay I'd be told where to stick it.

It's no wonder the average worker's wage/salary in America is stagnant.


Become a professional, and the employers scout you.
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