Posts tagged Supreme Court
FREEDOM FOUNDATION DEMAND LETTER FREES ANOTHER CALIFORNIA PUBLIC EMPLOYEE
November 15, 2023 // Mr. Purciel sent a letter to AFSCME Council 57 exercising his constitutional right to leave the union. The union ignored him. Mr. Purciel also contacted the payroll officer for the County of El Dorado and requested that they stop making deductions from his lawfully earned wages and providing his money to the union. The government payroll department told Mr. Purciel that they would not end the deductions without the direction of the union. This is an unfortunate consequence of the statutory scheme operating under California Government Code Section 1157.12, which forces public employees to direct requests that “cancel or change deductions for employee organizations to the employee organization, rather than to the public employer.”
Lawyers will square off on California trucking’s latest AB5 exemption request
November 12, 2023 // AB5 is a state law that seeks to define independent contractors through the ABC test. For trucking, the B prong in the ABC test is a particular burden, as it defines an independent contractor as one who “performs work that is outside the usual course of the hiring entity’s business.” A trucking company hiring an independent owner-operator to move freight could be challenged under the B prong. The various participants in the case have filed briefs in recent weeks laying out their arguments that will be reiterated in court Monday. The last year has seen revised complaints from CTA and OOIDA, widening the scope of their arguments. Those revisions and the state responses have provided extensive documentation on the positions each side is taking in the case, which is formally known as CTA v. Bonta, after Rob Bonta, the state’s attorney general. (The original defendant in the case was then-Attorney General Xavier Becerra, now the Biden administration’s secretary of Health and Human Services.)
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.
National Right to Work Foundation Urges SCOTUS to Reverse NLRB Decision Letting ILA Union Wipe Out Nonunion Port Jobs
October 29, 2023 // The brief spells out the dire consequences of the ILA union’s maneuver for Leatherman’s 270 state employees, who are protected by state law from monopoly union control. It explains that South Carolina spent over $1 billion to develop the terminal, but the ILA union’s scheme, if allowed to continue, would require South Carolina to both fire all the nonunion state employees of the port, and turn control of crane jobs over to a private contractor with an ILA union contract. The devastating effects for current employees wouldn’t stop there if the ILA is victorious in the case. The brief points out that, even if fired state workers were to seek new employment at Leatherman with a private contractor under the union’s control, the ILA would likely prioritize its existing workers far above the former state workers because of union seniority provisions and hiring hall referral rules.
Supreme Court ruled public sector workers cannot be forced to pay dues; unions take them anyway
October 28, 2023 // After the Janus ruling, Ms. Quezambra sought to invoke her rights to stop the involuntary union dues payments, demanding she be refunded going back to 2013. The union refused on the grounds that she had allowed the union to make the deductions. This was news to Ms. Quezambra. The union “presented Ms. Quezambra a membership and dues deduction authorization card containing a forged signature that she purportedly signed. Ms. Quezambra did not sign this card,” her complaint states.