SUPREME COURT RULES MANDATORY UNION DUES ARE ILLEGAL FOR NON-MEMBERS

Supreme Court rules mandatory union dues are illegal for non-members

By Alex Swoyer - The Washington Times - Wednesday, June 27, 2018

The Supreme Court upended decades of precedent Wednesday and ruled that a public sector labor union can’t force non-members to pay dues.

The justices, in the 5-4 ruling, said public sector unions take political positions and forcing people to pay dues means they end up funding speech and political activity they may disagree with.

“Fundamental free speech rights are at stake,” wrote Justice Samuel A. Alito Jr., who authored the majority opinion.

Labor unions had been bracing for the ruling, fearing it would sap them of money and influence and warning it will leave public sector workers with less of a coherent voice in major political debates over government services.

The case came from Illinois, where Mark Janus, a state employee, sued the American Federation of State, County, and Municipal Employees, Council 31 claiming he should not have to pay mandatory union fees as a non-member because he disagrees with the policies AFSCME backs.

A lower court, citing past Supreme Court ruling, sided with the union.

On Wednesday the majority overturned the key precedent, the1977 case Abood v. Detroit Board of Education.

Justice Elena Kagan, joined by the court’s other liberal justices, dissented, writing the court’s decision will transform the relationship between public employees and their employers in unexpected ways. She said it will also cause unions to suffer a financial blow.

The case was a do-over. Two years ago a similar case came to the court when it had just eight members. It deadlocked 4-4.

Conservative activists had hoped that with Justice Neil M. Gorsuch bringing the court to nine members, they would reach a decision to rein in the powerful unions. Those hopes were carried out Wednesday as he proved the deciding vote.

The Supreme Court had repeatedly flirted with overturning Abood, including the 4-4 deadlock of just a couple of years ago. Now Mr. Janus successfully brought the issue back, and this time he had the support of the government, with the Trump administration reversing stance from the Obama administration.

“Compelling employees to subsidize speech on politics and public policy imposes a severe burden that even highly restrictive prohibitions on speech in the workplace do not,” the Justice Department said in its brief.

Mr. Janus’ case was the fourth time the Trump administration reversed course from the prior administration and also its fourth win.

President Trump tweeted about the ruling, saying it was a loss to the Democrats.

“Supreme Court rules in favor of non-union workers who are now, as an example, able to support a candidate of his or her choice without having those who control the Union deciding for them. Big loss for the coffers of the Democrats!” the president tweeted.

https://www.washingtontimes.com/news/2018/jun/27/supreme-court-rules-government-workers-cant-be-for/?