Posts tagged unconstitutional

    Philip Howard’s Not Accountable Focuses on Reform of Public Sector Unions

    January 24, 2023 // Philip K. Howard, chairman on the nonpartisan, nonprofit reform group Common Good, examines the phenomenon of public sector unions and how they rose to power in his new book Not Accountable: Rethinking the Constitutionality of Public Employee Unions. The short answer is that public sector unions are shielded from the market forces that keep private sector unions in check—a government agency is not in danger of going out of business. Public sector unions also have an in-built advantage when it comes to bargaining. Management is typically an elected official who needs the union’s help at election time and fears having it as an enemy. Public sector unions can in effect be represented at both sides of the bargaining table, Howard notes. Unions have these advantages to insulate themselves from any criticism or challenges to their power while warping public policy to their will. It’s a sobering read. The unions pressure the government to devote more public funding to bolstering the workers, diverting funds that would otherwise go to public services or maintenance of public infrastructure.

    Biden Proposal Could Lead to Employee Status for Gig Workers

    October 11, 2022 // The proposal is intended as a so-called interpretive rule that doesn’t have the legal force of a regulation specifically authorized by Congress, and it applies only to laws that the department enforces, such as the federal minimum wage. States and other federal agencies, like the Internal Revenue Service, set their own criteria for employment status, and the rule would not directly affect what they decided about the status of gig workers. But many employers and regulators in other jurisdictions are likely to consider the department’s interpretation when making decisions about worker classification, and many judges are likely to use it as a guide. As a result, the proposal is a potential blow to gig companies and other service providers that argue their workers are contractors, though it would not immediately affect the status of those workers.

    Opinion: Lifting the Rock on Labor Union Corruption

    May 28, 2022 // Here’s how the scheme works: A public employee has money taken out of his or her paycheck and sent to a union representing their bargaining unit. The union, in turn, uses the money not only for collective bargaining activities, but also to fund radical political causes across California. When the employee finds out about it and objects, the union gives them the silent treatment or tells them to get lost

    Teachers union urges Washington Supreme Court to uphold capital gains tax

    May 16, 2022 // The Washington Education Association has a filed a brief with the state Supreme Court that calls for opening the door to the imposition of a graduated income tax without a constitutional amendment or voter approval.

    At Ninth Circuit, Las Vegas Police Officer Defends First Amendment Right to Stop Funding Unwanted Union

    April 22, 2022 // Las Vegas Metropolitan Police Department (LVMPD) officer Melodie DePierro is challenging an “escape period” enforced by officials of the Las Vegas Police Protective Association (PPA) union as an infringement of her constitutional rights recognized in the 2018 Foundation-won Janus v. AFSCME Supreme Court decision. DePierro ended her PPA membership in 2020.

    Unions oppose employee rights with false claims re: Janus

    March 21, 2022 // Vincent Vernuccio, testifying in support of SB 511, said, “ensures that public employees are informed about their First Amendment right to choose whether to pay union fees and further allows them to exercise this right at any time. This right is guaranteed to them under the U.S. Constitution and recognized by the United States Supreme Court’s decision in Janus v. AFSCME.” Vernuccio is an attorney and labor policy senior fellow with Workers for Opportunity, a national project of the Mackinac Center for Public Policy.