Posts tagged Janus
It’s Time to Stop Passing the Buck—to Thieves and Forgers
November 21, 2023 //
A Tale of Two Teachers’ Unions
November 17, 2023 // Efforts to decertify the teachers’ union in Miami are possible because conservatives won elections and passed a good law that limits public-sector unions’ power. States with conservative governments should follow Florida’s lead and pass similar laws. States with progressive governments will continue to struggle under the burden of unrepresentative teachers’ unions.
U.S. Supreme Court will consider taking up Alaska union dues case no sooner than December
November 8, 2023 // Politically conservative organizations, including the Buckeye Institute, National Right to Work Legal Defense Foundation, and the Goldwater Institute, have submitted documents in support of the state’s case. Those organizations, plus the state of Kansas (which also submitted documents in support of Alaska) are hoping that the Supreme Court will reinterpret its 2018 case and effectively put new restrictions on public employee unions. In 2018, the Supreme Court ruled that unions could not automatically collect so-called “fair share” fees from workers who benefited from union contracts but declined to formally join a union.
Opinion: Say it again, Supremes: Forced union dues in government are illegal
November 3, 2023 // Far from making sure that employees “clearly and affirmatively consent” before union fees are deducted from their pay, these states — under pressure from mobilized unions — deny them any independent workplace source of information about their right to refuse. Often new hires are simply given a dues-withdrawal form to sign along with all the other first-day paperwork. When disgruntled dues-payers later learn of their rights and seek to withdraw their agreement, they are routinely confronted with confusing rules intended to make it almost impossible to stop paying. The Freedom Foundation, a workers’ rights education and litigation institute, documents dozens of such cases in a recent Supreme Court filing.
City Workers Ditch Unions, Skip Dues, Following Supreme Court Ruling
November 2, 2023 // Pre-Janus, public sector employees had the option to explicitly opt out of union membership thanks to an earlier Supreme Court decision but still had to pay “agency fees” out of their paychecks to the unions. Union leaders, including New York City’s Municipal Labor Committee, warned before the decision of potentially large declines in union membership if signing up became optional. Any dramatic loss of dues-paying union members could threaten unions’ operations or even their ability to exist – a possibility on the horizon in some so-called “right to work” states.
Freedom Foundation bundles FIVE FORGERY cases into one appeal to the U.S. Supreme Court:
October 5, 2023 // Abernathy said. “First, there’s abundant case law showing that, in cases like this, the union is treated as a state actor and can be held accountable for its actions. And secondly, the Supreme Court had already ruled that dues can’t be deducted by either the state or the union without the employee’s consent. It doesn’t matter what state laws say. The U.S. Constitution takes precedence.” The Supreme Court has declined to consider several similar cases in recent years, Abernathy said, but the justices can only tolerate the lower courts’ errors for just so long. “Unless you enforce it, even a landmark ruling like Janus is just a piece of paper,” Abernathy concluded. “Unions and activist judges have been allowed to act as if Janus never happened since the day it was issued. At some point, the court has to demonstrate that it meant what it said and said what it meant.”
ALASKA CASE GIVES SCOTUS A CHANCE TO REINFORCE JANUS
October 3, 2023 // Unfortunately, lower courts — including the Alaska Supreme Court and the 9th Circuit Court of Appeals — have been reluctant to hold either states or unions to that standard. If the U.S. Supreme Court agrees to hear the case, it will effectively be asked to specifically apply to public employers the majority opinion issued just five years ago in Janus. If the court rejects the petition, the Alaska Supreme Court’s decision will stand. But even if the court takes up the case, a decision isn’t likely before winter. Most likely, months or years of written and oral arguments could be forthcoming. “Unless you agree to enforce it, even a landmark ruling like Janus is just a piece of paper,” Stahlfeld said. “Because unions and activist judges have been allowed to act as if Janus never happened, states like Alaska that want to comply with the ruling have been obliged to adopt legislation reinforcing what should have happened all along.”
Commentary: The Sly Economics of Government Union Activism
September 13, 2023 // When presented with the option to relinquish this exclusive representation, thereby freeing themselves from the obligation to represent nonmembers, unions invariably refuse. This reveals a glaring contradiction in their position. On one hand, they lament the “free riders” who benefit from union representation without paying dues. On the other, they zealously guard their monopoly over the public workplace, wanting to represent everyone in a bargaining unit, whether a member or not. The issue transcends mere percentages and numbers; it’s a matter of trust, transparency, and financial autonomy. Unions must reevaluate their approach to membership and adapt to the new legal landscape. The question: Will unions serve their members and charge them accordingly, or maintain their own political agendas by overcharging?
Elisabeth Messenger: Where Do Your Union Dues Go?
September 1, 2023 // I think when a union can stay very independent and hyper-local, it can be what it was meant to be, and that is a force to speak for all, to help all, to protect all, to raise all at the same time. But again, it’s only when it’s independent it’s not tied to a national, bloated corporate union. And it’s only when it’s at the local level.
Five Years after Janus, Government Unions Are Weaker — and More Desperate
July 5, 2023 // When SEIU HCII, which operates across four states, is removed from the picture, the overall public-sector-union membership in Illinois has decreased by over 10 percent. These declines are not isolated to a single entity but spread across all public employers, with teachers’ unions such as the Illinois Education Association and Illinois Federation of Teachers losing a combined 9.4 percent of their members or fee-payers. AFSCME Council 31 — the union that represented Janus — has seen an 18.5 percent drop. A significant decrease in union membership is a sign that workers are exercising their Janus freedoms. It also means that $25 million didn’t flow into government-union coffers in 2022. This is a financial blow to a movement that’s accustomed to having huge cash reserves to fund the politicking that gets the union bosses exactly what they want. Such a dramatic shift illustrates how many government workers feel underrepresented by their unions, pushing them to distance themselves from groups now charging more and delivering less. Which points up another consequence of Janus: Government unions are in a fight for their lives. Desperation has made them even more polarizing, extreme, and political — and greedy.