Posts tagged Janus
As Janus anniversary draws nears, public workers retain right to union representation
June 28, 2024 // A union is required to represent even workers who are not members, due to its “duty of fair representation.” “It’s crucial that public employees understand the duty of fair representation to ensure their rights are protected,” Delie told CapCon. Unions have this duty because they also have the right of “exclusive representation.” Under it, the union negotiates with management as the exclusive representative of a group of employees known as a bargaining unit. Members and nonmembers alike are part of the bargaining unit, and the union must represent them all, including at any disciplinary hearings they may face.
Commentary: Public employers should not collect dues for unions
June 3, 2024 // A bill passed last year in Arkansas is one that Washington state lawmakers should add to and propose, pass and send to the governor of our state. The Arkansas law prohibits school districts from deducting dues from employees' paychecks. Educators can pay a union on their own, of course. The new law also requires union member applications to contain a notice letting public workers — again, paid by taxpayers — know of their “rights to join or refrain from joining a labor organization.”
OHIO: STATE SEES 68 PERCENT BUMP IN OPT-OUTS
April 29, 2024 // The spike in opt-outs in March was led by Ohio Association of Public School Employees, Ohio Civil Service Employees Association and American Federation of State, County, and Municipal Employees Council 8 members. All three of these unions saw more than 20 members choose to halt their dues deductions. The bump from 2023 was due entirely to the hard work of the Ohio’s outreach team, which sent out thousands of pieces of mail and emails to union members’ homes and inboxes.
Commentary: The Teachers’ Unions Are More Political than Ever
April 18, 2024 // Americans for Fair Treatment, a national nonprofit organization that educates public employees about their rights in a unionized workplace, recently released a report detailing the National Education Association’s (NEA) financial filings from Sept. 1, 2022, through Aug. 31, 2023. The NEA declared that its political spending totaled $50.1 million during the fiscal year, though the true number is much higher. During the most recent reporting period, the union disclosed that it spent “$126.3 million on ‘contributions, gifts, and grants,’ which is where most unions detail their charitable giving.” However, a closer look at the union’s “contributions, gifts, and grants” shows that the NEA is directing more money towards political causes than it reports.
The Liberty Justice Center Sues Union for Forcing Jewish Lawyers to Support Speech They Consider Antisemitic
April 12, 2024 // Congress recently launched an investigation into the Association of Legal Aid Attorneys due to whistleblower reports of antisemitism by union members. The Liberty Justice Center is suing the Association of Legal Aid Attorneys, Legal Aid Society, and the City of New York on behalf of Mr. Levine and Mr. Popper, alleging that these defendants are violating the attorneys’ First Amendment rights by forcing them to subsidize political speech as a condition of employment. The Supreme Court has held that the First Amendment prohibits the government from compelling a person to subsidize a union’s speech. In Janus v. AFSCME, the Court held that a government could not force its employees to pay a union as a condition of their employment. And in Harris v. Quinn, the Court held that a government could not compel recipients of government funds, through a state program to provide services to other private individuals, to pay money to a union.
Dearborn schools responds to CapCon story on illegal contract language
April 4, 2024 // Steve Delie, director of labor policy at the Mackinac Center for Public Policy, thinks the contract poorly serves Dearborn employees. “Whether or not this language is enforced, it is still misleading,” he told CapCon. Keeping inoperative language in the contract is not the best practice, he said, as it requires teachers to be up to date on the latest legal developments. “School employees have a constitutional right to work without being forced to pay a union, and their contracts should clearly reflect that.”
Manchester workers union criticized for ‘free riders’ list of members allegedly not paying dues
April 1, 2024 // Frank Ricci, retired president of a New Haven firefighters union and now a fellow at the conservative Yankee Institute for Public Policy, said, “This pernicious threat equates to raw intimidation and coercion — against hard-working employees’ lawful exercise of their First Amendment rights under the Janus decision.” Joseph DeMeo, a Manchester water treatment plant operator who is a member of the union and not on the list, said it creates “a hostile work environment.”
Op-Ed: Public workers deserve full First Amendment protection from compelled union speech
January 8, 2024 // SCOTUS’s ruling in Janus logically leads to a conclusion that public workers’ income cannot subsidize a private matter on issues of substantial public concern without voluntarily waiving their First Amendment right. To voluntarily waive a fundamental right demands individual rights have been thoroughly communicated and understood. The First Amendment protects both the freedom to speak as well as the freedom to refrain from speaking. The state of Alaska urges the Supreme Court to reaffirm Janus which equally supports employees who wish to support union causes and those who “strongly object to the positions the union takes” as the court stated in 2018. Mountain States Policy Center firmly agrees with those asking SCOTUS to fully clarify the First Amendment rights of workers to not be forced to provide financial support to union causes or membership without direct consent first. We’ll soon know if the U.S. Supreme Court agrees.
Membership plunges again for Michigan and national teachers unions
January 5, 2024 // Since school employees got a choice in union membership, the MEA’s total revenue has declined by nearly $40 million annually. Despite a hike in dues, Michigan’s largest public sector union is bringing in more than 30% less each year.
It’s Time to Stop Passing the Buck—to Thieves and Forgers
November 21, 2023 //