Supreme Court Rules Against Public-Sector Unions

Source: Colleen Flaherty, Inside HigherEd, June 28, 2018

High court says public employees don’t have to pay regular agency fees to unions that represent them in collective bargaining and more, which could hurt faculty and staff unions.

Related:
Janus, Faced
Source: Matt Reed, Inside HigherEd, Confessions of a Community College Dean blog, June 27, 2018

The ruling on unions.
A friend in grad school once commented that she and I followed the Supreme Court the same way that normal people follow baseball. So yes, I’ve been mulling over the Janus v AFSCME case for months. Longer, in fact, if you count the version that didn’t get decided when Scalia died.

I’ve been working in unionized public higher education since 2003. At all three community colleges, and in both states, representation fees were part of the order of the day. I’ve known faculty who swear that the union is the only thing standing between them and penury, and I’ve known faculty who wanted absolutely nothing to do with their union. Having also worked in a decidedly non-union setting — DeVry — I’ve seen the differences. But here I’ll focus instead on possible long-term fallout. Assuming the ruling stands for a while, what’s likely to happen?

The obvious immediate impact will be that the folks who only pay representation fees because they’re compelled to, will stop. Anecdotally, I’d guess that this is a small, but non-zero, number. That will represent lost income for the union, and a short-term boost in take-home pay for those employees.
What happens next is less obvious.

Teachers’ activism will survive the Janus Supreme Court ruling
Source: Sherman Dorn, The Conversation, June 27, 2018

….As a scholar of the history of post-World War II education policy, I see this decision as an important landmark in the history of teachers unions. The Supreme Court ruling is a serious legal and financial blow, but it will not kill public employee unions, teachers unions – or the ability of teachers to work together to amplify their voices for social change….

Trump’s Supreme Court Strikes Blow to Government Workers, Good Paying Jobs
Source: Mary Bottari, Center for Media and Democracy, June 27, 2018

In a major blow to organized labor and good paying government jobs, the U.S. Supreme Court ruled today that government workers who choose not to join a union cannot be charged fees to reimburse the union for the cost of representing them in collective bargaining.

The decision was 5-4 in the Janus vs. AFSCME Council 31 case, with Trump appointee Neil Gorsuch supplying the deciding vote. Justice Samuel Alito, who actively invited a challenge to union fees, wrote the decision for the Court’s right-wing majority.

In today’s decision, Alito wrote that the fees, called “agency fees,” violated the First Amendment. In doing so, Alito overruled a 41-year-old Supreme Court decision legalizing these fees in the Abood vs. Detroit Board of Education decision.

The decision ushers in “right to work” style conditions for public employees in states across the nation. These anti-union measures originated in the Jim Crow South as a means of undermining unions who were organizing black and white workers together in the same shop. Predictably, Koch brothers groups–such as Americans for Prosperity, the American Legislative Exchange Council (ALEC), and the State Policy Network–cheered the ruling, while union leaders prepared to renegotiate thousands of contracts and deal with a new legal landscape for unions across the land.

Janus decision extends First Amendment ‘right of silence’
Source: Robert A. Sedler, The Conversation, June 27, 2018

The Supreme Court’s Janus ruling extends strong protection to the First Amendment ‘right of silence’ and continues their trend of expanding First Amendment rights, often at the behest of conservatives.