Posts tagged Mike Dunleavy
Mackinac Center Asks Supreme Court to Clarify Janus Decision
December 15, 2023 // The Supreme Court decided in Janus that public sector workers cannot be forced to support a union’s political speech as a condition of keeping their jobs. This decision protected millions of workers’ First Amendment rights. But the Mackinac Center recognized that the Janus ruling could do even more. Shortly after the court ruled, the Mackinac Center launched Workers for Opportunity, an initiative to advance the worker freedoms outlined in the case. In the years since, WFO has educated workers and lawmakers across the nation on what Janus requires. For one thing, public sector workers should only be considered to have waived their First Amendment right not to join a union if they do so with knowing, informed and regular consent.
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.
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.”
The Supreme Court’s Janus v. Afscme Sequel?
August 25, 2023 // Alaska’s courts have blocked Mr. Dunleavy’s plan from taking effect. In a May ruling, the state Supreme Court said that “neither Janus nor the First Amendment required the State to alter the union member dues deduction practices set out in the collective bargaining agreement.” This is a crabbed view of free speech and free association. Although Janus involved a union nonmember, Alaska tells the U.S. Supreme Court in its petition that “the decision applies to all involuntary fees and has clear application to members and nonmembers alike.” Consider the devious policies that make canceling a paycheck deduction into a “byzantine process,” Alaska says. In California, “certain public employees cannot stop their dues unless the union receives a signed revocation letter ‘postmarked’ precisely ‘between 75 days and 45 days before’ the employee’s ‘annual renewal date.’” The point is to trap workers and keep that dues money coming. The authorization form for the Alaska State Employees Association was even stricter, making union dues irrevocable except during a magical 10-day window each year, though the petition says the union eventually promised not to enforce it after the state sued.