Thursday, June 28, 2018

The Janus Fight Isn't Over Yet

While yesterday was a great day for worker freedom, the battle isn't won.  This author demonstrates that the unions will try, by hook and by crook, to circumvent the Janus ruling:
As many chapters of American history reveal, rights aren’t self-executing; they must be defended. Michigan went right-to-work in 2012, and the abusive union tactics that ensued gave us a close-up view of how unions might behave in a post-Janus world. That experience has prompted us and others to anticipate what champions of individual rights must do now.
The best defense is a good offense. Keep them on their heels:
Public-sector workers across the country are seeking to recover back wages they paid to labor organizations in the event the Supreme Court declares mandatory union fees unconstitutional. 
Class action suits have been filed against eight unions in New York, New Jersey, Pennsylvania, Minnesota, Maryland, California, and the state of Washington, accusing individual unions of violating workers' rights by collecting mandatory dues payments. The Supreme Court is expected to rule on a groundbreaking case, Janus v. American Federation of State, County, and Municipal Employees, which challenges the constitutionality of forcing public-sector workers to pay union dues or fees as a condition of employment. The suits argue that any public-sector employee who participated in forced dues systems should receive financial "redress" from labor organizations.
We'll see how far such suits can go.

4 comments:

Steve USMA '85 said...

Not sure I agree with suing for past dues/fees. The unions were operating under the law of the land in good faith at the time. To allow redress like this would probably bankrupt or seriously harm most of the unions. Not sure that is a good thing overall.

The unions were not criminally responsible because what they did at the time was legal. Therefore, under what right and for how far back can you retroactively punish them?

I will be interested to see how it goes and not surprised in the least if the suits are thrown out.

ObieJuan said...

In California we have to remember that by union contract we still must opt out prior to the deadline.

I did so here:

https://www.optouttoday.com/california-teachers-association

This org is sponsored by the Freedom Foundation (non-profit). I like the fact that my opt-out letter will get sent to the Freedom Foundation's legal department and they will submit it to CTA for me (and ensure they follow through).

Darren said...

Steve, I agree with you, but I'm going to support such lawsuits anyway. We *know* the unions are going to drag their feet and try to find ways around this ruling, and such suits just keep them on their heels a little bit.

Ellen K said...

While I work in a right to work state, I have to wonder if there will be repercussions on how money was spent. For years I've said that the biggest mistake unions like NEA made were to pay off politicians and lobbyists before helping out the rank and file. Can you imagine this lawsuit would have seen the light of day if the NEA had managed to mitigate health insurance costs or daycare compensation for the rank and file? What unions never want exposed is their leadership is just as overcompensated as the people they buy off. Rank and file never wins. And that is why this lawsuit went so far.