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Supreme Court to consider ‘kill shot’ on public sector unions
The Hill ^ | June 28, 2014 | Tim Devaney

Posted on 06/28/2014 10:59:30 AM PDT by jazusamo

The Supreme Court will make its most important ruling in labor law in decades next week when it weighs in on a right-to-work case that could determine whether non-union workers can be compelled to pay public sector union dues.

Courts for years have recognized the rights of unions to ask non-members to pay dues for union negotiating costs, but a group of home healthcare workers in Harris vs. Quinn are challenging dues they pay to a branch of the Service Employees International Union as a violation of free speech.

The case is pitting business groups and the National Right to Work Legal Defense Foundation against labor giants like the SEIU, which worry the court could rule broadly to prevent all non-members of public sector unions from being compelled to pay dues. Such a decision from the court, which is expected to rule on Monday, could deliver a “kill shot” to organized labor at a time when it is already struggling with a declining membership.

Still, some labor supporters say they’re anticipating a loss.

“I expect the worst,” said Ross Eisenbrey, vice president of the progressive Economic Policy Institute.

The case was brought by Pamela Harris, who receives money from the state of Illinois to take care of her son.

Workers like Harris were once seen as independent contractors, but Illinois’s legislature in 2003 passed a law deeming them public employees. This forced people like Harris to have fees from their Medicare checks withheld as payment to the SEIU, which had the responsibility of representing all workers who were subject to the 2003 law.

Harris and others are arguing this represents a violation of their free speech. They say the state law compelled them to be represented by a union and to pay fees.

“That's a huge injustice to force people to pay dues to a union that they want nothing to do with,” said Patrick Semmens, spokesman for the National Right to Work (NRTW) Legal Defense Fund.

A ruling that just affects the Illinois home workers might have a modest impact on labor law, but a broader ruling that prevents public sector unions from collecting dues from non-members could take millions of dollars out of their coffers.

“We're concerned, but it's certainly not going to stop workers from coming together with their unions and fighting to improve their jobs and the quality of public services,” said Judy Scott, general counsel at SEIU, which is a defendant in the case.

Eisenbrey argues the case is part of an effort by big business to further weaken unions.

“It's part of a corporate campaign to weaken or kill unions wherever they can, however they can,” Eisenbrey said. “It's a complete attack on all of the improvements in labor standards that have been made over the last 50, 60 years.”

Conservative Justice Antonin Scalia could prove to be the swing vote, experts say.

In a 1991 Supreme Court case, Scalia argued it is reasonable for unions to collect fees from non-union members to cover their negotiating costs. Then, during oral arguments for Harris vs. Quinn in January, Scalia's questions led some believe he is leaning in this direction once again.

Eisenbrey called Scalia “the hope.”

“In this case, Scalia may actually end up being a swing vote who actually sides with the more liberal members of the court and, of course, workers,” said Christine Owens, executive director of the National Employment Law Project (NELP).


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: Illinois
KEYWORDS: harrisvquinn; publicsectorunions; seiu; unions
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A broad ruling will be a serious blow to public sector unions, let it be so.
1 posted on 06/28/2014 10:59:30 AM PDT by jazusamo
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To: jazusamo

Public sector unions should be totally abolished. Period. And those in the private sectors must be stripped of their power. The RICO laws should be vigorously applied to bring the extortion rackets of unions to their knees. American prosperity will reach unprecedented heights when union thugs are neutralized. Red China then return to being a third-world backwater.


2 posted on 06/28/2014 11:03:48 AM PDT by re_nortex (DP - that's what I like about Texas)
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To: jazusamo
The case was brought by Pamela Harris, who receives money from the state of Illinois to take care of her son.

Anybody else see something wrong here?

3 posted on 06/28/2014 11:06:31 AM PDT by Graybeard58 (If any man love not the Lord Jesus Christ, let him be Anathema Maranatha. 1 Cor 16: 32)
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To: jazusamo

Let’s hope for a broad ruling.


4 posted on 06/28/2014 11:06:51 AM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will. They ALL have fairies livin' in their trees.)
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To: jazusamo

This appears to be the “Workers” against the “People”. This is forcing taxpayers to fund unions whether they want to or not. Scalia sides with the unions on this one I give up and will fully acknowledge that this is not an aristocracy and we the people are the peasants who keep them rolling in dough.


5 posted on 06/28/2014 11:09:31 AM PDT by McGavin999
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To: McGavin999

that should be IS an artistocracy


6 posted on 06/28/2014 11:11:09 AM PDT by McGavin999
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To: jazusamo

I think you should be able to force people to pay you money to keep their job and then use that money to support legislation and public policy initiatives which are directly against that persons self interest.

I would be sad too, if I lived in a country where that was not allowed. /s


7 posted on 06/28/2014 11:13:29 AM PDT by Eddie01 (Liberals lie about everything all the time.)
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To: re_nortex

>> Public sector unions should be totally abolished

Exactly. It’s a form of extortion against the taxpayers.

I’m not necessarily against unions in the private sector. And I say that as a non-union, independent contractor that doesn’t care for unions much at all.


8 posted on 06/28/2014 11:13:50 AM PDT by Gene Eric (Don't be a statist!)
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To: Gene Eric

I doubt the SCOTUS does it, but I sure hope so


9 posted on 06/28/2014 11:14:51 AM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: jazusamo

Good posts from Pamela Harris herself at the source article.


10 posted on 06/28/2014 11:17:34 AM PDT by proxy_user
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To: Graybeard58

I’ve questioned that also. If you take public funds, you take the bs that comes with it. I don’t think these folks should be forced into a union, and I also don’t think these folks should be receiving money they didn’t earn.


11 posted on 06/28/2014 11:24:16 AM PDT by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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To: jazusamo

Ok Supreme Court calm your breathing and take the shot!


12 posted on 06/28/2014 11:25:29 AM PDT by Red_Devil 232 ((VietVet - USMC All Ready On The Right? All Ready On The Left? All Ready On The Firing Line!))
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To: re_nortex

Couldn’t agree more.

Public sector workers are paid with taxpayer money and in most cases are civil service workers, their rights are protected without having union representation.


13 posted on 06/28/2014 11:26:00 AM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: jazusamo
‘kill shot’ on public sector unions

If only...

Oh, happy day!

14 posted on 06/28/2014 11:28:24 AM PDT by Spirochete (GOP: Give Obama Power)
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To: jazusamo
SCOTUS has surprisingly followed the Constitution and the law several times recently. Perhaps they will take a stand against this infringement on Liberty. And perhaps they will do the same by ruling for Hobby Lobby against Obama's reign of oppression and compulsion.


15 posted on 06/28/2014 11:31:00 AM PDT by gitmo (If your theology doesn't become your biography, what good is it?)
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To: Graybeard58

Sure. That social security check from the government could be construed as income to take care of persons in any household. The union then claims the recipient of any check from the government is an employee who can be forced to join the union and have dues taken from payment checks. Rotten and corrupt.


16 posted on 06/28/2014 11:34:27 AM PDT by Myrddin
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To: gitmo

Amen...If SCOTUS comes down on Monday for Harris and Hobby Lobby it will be a great thing.


17 posted on 06/28/2014 11:35:13 AM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: re_nortex

Just as the first amendment freedom of religion incorporates freedom from religion (in that no one can be forced to support a religion against their wishes), the first amendment also enshrines the freedom of association, which again, incorporates freedom from association.

If a person does not wish to be a member of a union, they should not be forced by anyone to be a member of a union.


18 posted on 06/28/2014 11:42:41 AM PDT by taxcontrol
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To: proxy_user; Graybeard58; goodwithagun

Thanks for the heads up, proxy_user.

Pam Harris’ comments after the article are well worth the read.


19 posted on 06/28/2014 11:45:07 AM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: jazusamo

I use a different ID on Disqus, but you might just be able to pick me out....


20 posted on 06/28/2014 11:48:23 AM PDT by proxy_user
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To: jazusamo

I am so sick of all these stupid expressions which I do not understand, what the hell is a kill shot


21 posted on 06/28/2014 11:49:00 AM PDT by yldstrk ( My heroes have always been cowboys)
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To: jazusamo

Let me get this straight, this “mom” gets paid by the state for taking care of her own child...............uh......ok


22 posted on 06/28/2014 11:49:56 AM PDT by yldstrk ( My heroes have always been cowboys)
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To: yldstrk

In my view a good many headline writers need a kill shot.


23 posted on 06/28/2014 11:50:39 AM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: jazusamo

"KILL SHOT"

 photo e6854c52-db2d-4d0a-8d29-dc7329859567_zpsb1086291.jpg
24 posted on 06/28/2014 11:54:32 AM PDT by smoothsailing
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To: proxy_user

Bump.


25 posted on 06/28/2014 11:55:33 AM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: smoothsailing

LOL! Right on!


26 posted on 06/28/2014 11:57:05 AM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: yldstrk

see post#24, ref. “Kill Shot”. 8^)


27 posted on 06/28/2014 11:57:49 AM PDT by smoothsailing
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To: yldstrk; Graybeard58

Let me get this straight, this “mom” gets paid by the state for taking care of her own child...............uh......ok


Pam Harris (this mom) states (in a comment following the article) that her son is “significantly disabled”, so it’s likely disability checks. Right or wrong, many families with disabled children do receive disability checks from the state.

Sounds like she doesn’t want to have to be forced to be considered a union member, and have said dues deducted from these checks.


28 posted on 06/28/2014 12:03:07 PM PDT by Jane Long ("And when thou saidst, Seek ye my face; my heart said unto thee, Thy face, LORD, will I seek")
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To: jazusamo
Courts for years have recognized the rights of unions to ask non-members to pay dues for union negotiating costs

Kind of an odd way to put it. The question is not whether non-members can be asked to pay dues, it's whether they can be compelled to do so.

29 posted on 06/28/2014 12:17:10 PM PDT by Sherman Logan (Perception wins all the battles. Reality wins all the wars.)
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To: Jane Long

no, that is not it, I believe she gets paid as a carer under Medicaid to take care of her own son. Her son doesn’t get disability because I believe he hasn’t worked enough quarters to qualify for disability.


30 posted on 06/28/2014 12:18:04 PM PDT by yldstrk ( My heroes have always been cowboys)
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To: jazusamo
Courts for years have recognized the rights of unions to ask non-members to pay dues for union negotiating costs,

Ask? Nobody ever asked me. They just took it.

31 posted on 06/28/2014 12:18:32 PM PDT by Hugin
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To: jazusamo

Shame to see SEIU lose all the money, eh? Yes, let it be!


32 posted on 06/28/2014 12:21:21 PM PDT by EDINVA
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To: Hugin; Sherman Logan
Ask? Nobody ever asked me. They just took it.

Yep...It's bad enough in the private sector but when it comes to public sector unions it's no different than robbery in my view.

33 posted on 06/28/2014 12:25:59 PM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: yldstrk

I believe she gets paid as a carer under Medicaid to take care of her own son. Her son doesn’t get disability because I believe he hasn’t worked enough quarters to qualify for disability.


Perhaps. But, depending on family income, some children with disabilities can receive disability checks...

Benefits for Children With Disabilities

http://www.ssa.gov/pubs/EN-05-10026.pdf


34 posted on 06/28/2014 12:27:58 PM PDT by Jane Long ("And when thou saidst, Seek ye my face; my heart said unto thee, Thy face, LORD, will I seek")
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To: re_nortex

Beat me to it. JFK’s exec order allowing government unions should be rescinded.

As to private unions, in many cases, they’ve gone too far, although there are occasional pockets of labor abuse where some collective changes—maybe not union action—is warranted. Graduate schools are one. Twenty years ago, the way medical interns were treated was another.

But by and large, you’re right, and almost every experience I’ve had with unions was one of exclusive, entrenched featherbedding.


35 posted on 06/28/2014 12:32:21 PM PDT by Pearls Before Swine
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To: Pearls Before Swine

How come no GOP President ever rescinded that EO? They could do that without Congress, right?


36 posted on 06/28/2014 12:35:08 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: GeronL

Good question.

IMHO—and this isn’t a legal answer—the government unions are so established that they would go absolutely batshit. It would be tied up in the courts for years, and the MSM would be totally sympathetic.

No guts, no glory, I guess.


37 posted on 06/28/2014 12:38:57 PM PDT by Pearls Before Swine
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To: yldstrk
I am so sick of all these stupid expressions which I do not understand, what the hell is a kill shot

That is taught after capitalization and punctuation.

You simply haven't reached that level yet.

38 posted on 06/28/2014 2:02:43 PM PDT by humblegunner
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To: humblegunner

folk off


39 posted on 06/28/2014 2:04:10 PM PDT by yldstrk ( My heroes have always been cowboys)
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To: yldstrk
folk off

There, see?

You've got an incomplete "sentence", no capitalization and no punctuation.

And you wonder why there are things you don't understand?

40 posted on 06/28/2014 2:08:10 PM PDT by humblegunner
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To: humblegunner

I understand you are a dolt


41 posted on 06/28/2014 2:09:16 PM PDT by yldstrk ( My heroes have always been cowboys)
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To: yldstrk
I understand you are a dolt

Because I can write correctly?

Is that bad because it's "acting white", miss Jeantel?

Guess you aren't too keen on cursive either.

42 posted on 06/28/2014 2:15:46 PM PDT by humblegunner
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To: humblegunner

you just keep on proving my point


43 posted on 06/28/2014 2:18:48 PM PDT by yldstrk ( My heroes have always been cowboys)
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To: yldstrk

As do you, miss texting teen.


44 posted on 06/28/2014 2:20:02 PM PDT by humblegunner
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To: goodwithagun

Parents are earning the money if taking care of a severely autistic or retarded child. It saves the taxpayers money and provides better care than state institutions.

Is this system abused? Of course.


45 posted on 06/28/2014 3:06:16 PM PDT by neocon1984
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To: neocon1984

I understand the circumstances, I just don’t see why I have to take care of others’ children. I have three of my own to raise.


46 posted on 06/28/2014 6:10:58 PM PDT by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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To: jazusamo

The very idea of a labor union that demands dues and obedience is that of a crime against both the employee and the business owner who’s business they hijack(AKA steal).

That being said this is not the legitimate business of a Federal court.


47 posted on 06/28/2014 6:53:29 PM PDT by Monorprise
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To: goodwithagun

“I understand the circumstances, I just don’t see why I have to take care of others’ children. I have three of my own to raise.”

You shouldn’t have to take care of other people’s children. Just as other people should not have any claim upon your children’s future earnings, ideology, or otherwise obligation.

Your children are your future not theirs.


48 posted on 06/28/2014 6:55:58 PM PDT by Monorprise
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To: Monorprise

That’s the point I was trying to make. Long before the government tit started lactating taxpayer money, parents took care of lifetime dependent children. When you depend on the government, you get what you deserve.


49 posted on 06/28/2014 7:05:16 PM PDT by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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To: jazusamo
FTA:
“It's part of a corporate campaign to weaken or kill unions wherever they can, however they can,” Eisenbrey said. “It's a complete attack on all of the improvements in labor standards that have been made over the last 50, 60 years.”
Mr. Eisenbrey, you drooling microcephalic slack-lipped moron: You SEIU thugs overreached. You are now facing the possible consequences of of your poor decision to loot the pockets of the ill and infirm.



ESAD! (from Peet who left a job shortly after SEIU thugs unionized the shop)
50 posted on 06/29/2014 6:15:46 AM PDT by Peet (Liberals are the feces that are created when shame eats too much stupid. -Dale Gribble)
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