Supreme Court Delivers Huge Blow to Unions!
Mike Mish Shedlock
A big round of cheers is in order. Today's Supreme Court Ruling Delivers a Sharp Blow to Labor Unions.
By a 5-to-4 vote, with the more conservative justices in the majority, the court ruled that government workers who choose not to join unions may not be required to help pay for collective bargaining.
Forcing those workers to finance union activity violated the First Amendment, Justice Samuel A. Alito Jr. wrote for the majority. “We conclude that this arrangement violates the free speech rights of nonmembers by compelling them to subsidize private speech on matters of substantial public concern,” he wrote.
The ruling means that public-sector unions across the nation, already under political pressure, could lose tens of millions of dollars and see their effectiveness diminished.
“We recognize that the loss of payments from nonmembers may cause unions to experience unpleasant transition costs in the short term, and may require unions to make adjustments in order to attract and retain members,” Justice Alito wrote. “But we must weigh these disadvantages against the considerable windfall that unions have received” over the years.
Chief Justice John G. Roberts Jr. and Justices Anthony M. Kennedy, Clarence Thomas and Neil M. Gorsuch joined the majority opinion, which overruled a four-decade-old precedent.
Wednesday’s ruling overruled the court’s 1977 decision in Abood v. Detroit Board of Education, which had made a distinction between two kinds of compelled payments. Forcing nonmembers to pay for a union’s political activities violated the First Amendment, the court said. But it was constitutional, the court added, to require nonmembers to help pay for the union’s collective bargaining efforts to prevent freeloading and ensure “labor peace.”
“Abood was poorly reasoned,” Justice Alito wrote. “It has led to practical problems and abuse. It is inconsistent with other First Amendment cases and has been undermined by more recent decisions.”
Wednesday’s ruling contained a final blow for public unions, saying that workers must affirmatively agree to support them.
“Neither an agency fee nor any other payment to the union may be deducted from a nonmember’s wages, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay,” Justice Alito wrote.
The word is "perfect".
Abood was an abomination. The ruling was correct but it is just a start.
VOX says, "With its 5-4 decision in Janus v. AFSCME, the Supreme Court has just imposed a right-to-work regime on public workers everywhere in the country — a profound blow to the union movement."
Unfortunately, VOX is wrong about right-to-work.
The state of Illinois and other non-right-to-work states effectively force people into unions via prevailing wage laws and other means.
Janus did not overturn that. Rather the State of Illinois collected dues from Janus even though he had a private business and was not in any union.
Time for National Right-to-Work Laws
The ruling is a fantastic first step.
It's now time for national right-to-work legislation and the end of all prevailing wage laws.
The appointment of Gorsuch to the Supreme Court will be one of the best things Trump does in office depending on what happens to Roe v. Wade.
By the way, Justice Kennedy just resigned, effective July 31. Kennedy sided with the majority
Trump gets another appointment.
Mike "Mish" Shedlock