One of the most immediate impacts of Neil Gorsuch’s appointment to the Supreme Court may be on a case that could have a major impact on public employee unions right here in New York.
This case, Janus v. AFSCME, deals with state laws that allow public employee unions to automatically withhold fees or dues from all represented employees’ paychecks, even those who are not members of the union. The plaintiff in the case, Mark Janus, is an employee of the state of Illinois. He is suing his union, the American Federation of State, County and Municipal Employees (AFSCME), because he believes the Illinois state law allowing AFSCME to deduct monies from his paycheck violates his First Amendment rights to freedom of speech and association. New York has a similar law on its books. Illinois and New York are two of 22 states that allow for arrangements under which all represented employees must make payments to a union as a condition of their employment, even if they affirmatively elect not to join the union….