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Supreme Court deals blow to public-sector unions, ruling against 'fair-share' fees
The Hill ^ | June 27, 2018 | Lydia Wheeler

Posted on 06/27/2018 7:11:40 AM PDT by jazusamo

The Supreme Court ruled Wednesday that pubic sector unions for state and local employees can’t force non-members to pay a “fair-share” union fee.

In a 5-4 ruling Tuesday, the court said the extraction of agency fees from non-consenting public sector employees violates the First Amendment.

The case centers on an Illinois law, similar to those in 22 other states, that allow public-sector unions to collect a “fair-share fee” from employees for non-political activities like collective bargaining, regardless of whether those employees belong to the union or not. Mark Janus, a state child support specialist at the center of the case, argued against having to give up about $45 from each paycheck to the American Federation of State, County and Municipal Employees (AFSCME) Council 31. Doing so, he said, violates his First Amendment rights because it forces him to support the union’s messaging.

The union, AFSCME, argues it needs the “fair-share” funds to offset the significant costs it incurs negotiating working conditions for all employees. State laws allowing unions to collect these fees are justified, the union said, to avoid a situation where nonunion members get a "free ride."

A group of 15 public sector unions, warned the court in a friend of the court brief that eliminating fair-share fees would eviscerate public sector unions, depriving them of resources they need to perform their essential public functions.

“The elimination of fair-share fees would create an all-or-nothing choice for the workers whom unions represent: pay union dues or pay nothing but still receive the benefits a union provides,” they wrote.

“In that world, many rational employees will choose to become free riders.”

(Excerpt) Read more at thehill.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; US: Illinois
KEYWORDS: afscme; biglabor; fundingtheleft; illinois; janus; janusvafscme; janusvsafscme; maga; ntowy; publicsector; ruling; scotus; union; unions; winning
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To: PGR88

“Ginsburg needs to retire, or be smothered with a pillow. “

And when you’re finished with Ruthie, we’ll get you a free plane ticket to Arizona so you can “visit” John McCain.


81 posted on 06/27/2018 7:38:30 AM PDT by vette6387
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To: mewzilla

“So what about private sector unions...?”

There aren’t many left!


82 posted on 06/27/2018 7:40:03 AM PDT by vette6387
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To: Rusty0604
I'm hoping by the time he is finished in office it will be a 7-2 rock solid conservative majority....plus all of the judges at the lower levels.

SCOTUS IS WHY WE NEED TO VOTE IN NOVEMBER!!!!!!

83 posted on 06/27/2018 7:40:13 AM PDT by ealgeone
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To: SgtHooper

Get ahold of yourself, Sgt!! There is much more winning to come. Better get in shape for it!


84 posted on 06/27/2018 7:40:29 AM PDT by NEMDF
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To: jazusamo

Follow up reasoning from Scotusblog: the majority rejects the claim that under the Constitution’s original meaning, public employees had no First Amendment rights: “But those examples at most show that the government was understood to have power to limit employee speech that threatened important governmental interests (such as maintaining military discipline and preventing corruption)—not that public employees’ speech was entirely unprotected.”


85 posted on 06/27/2018 7:40:55 AM PDT by rstrahan
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To: napscoordinator

In terms of members, the public unions have as many members as private sector unions. In fact, the public sector unions have been growing while the private sector unions have been shrinking.


86 posted on 06/27/2018 7:41:39 AM PDT by kabar
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To: Hebrews 11:6

Well said! Mark Janus has accomplished something that will benefit millions of Americans and our nation, he has every right to be proud and celebrate this.


87 posted on 06/27/2018 7:42:32 AM PDT by jazusamo (Have YOU Donated to Keep Free Republic Up and Running?)
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To: goodnesswins

I know it gets cold there, but I actually like cold weather. As I sit in West Texas now, I wish I was in Oregon. Newport always seems to have a nice breeze going.


88 posted on 06/27/2018 7:42:49 AM PDT by Rusty0604
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To: GMMC0987

NAILED IT!


89 posted on 06/27/2018 7:43:04 AM PDT by Gahanna Bob
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To: jazusamo

Three big wins in two days’ time.

Hillary and fellow Dems are thinking, “For this we had Scalia whacked? Drat!”


90 posted on 06/27/2018 7:43:04 AM PDT by MayflowerMadam (Have an A-1 day.)
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To: ealgeone

Exactly!


91 posted on 06/27/2018 7:43:39 AM PDT by Rusty0604
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To: jazusamo

Oooooh! That’s gonna leave a mark!!!! ;o)


92 posted on 06/27/2018 7:46:38 AM PDT by LIConFem (I will no longer accept the things I cannot change. it's time to change the things I cannot accept.)
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To: Starboard
“The Left uses the “court” to override the legislative process to get what they want.”

Not any more! And with any “luck,” Ruthie will be getting her 24 hour “quickie” burial, Kennedy will retire, and Breyer will see that staying is an exercise in frustration, and retire. That leaves the Fat Yenta, and the Wise Latrina, and the Wise Latrina has worsening Type 1 Diabetes which may be the cause for her having to step down. One of my greatest wishes is for Kagan to be there all alone on the Left for maybe 30 years! She never should have become a Justice, the only gravitas she has is more like just plain old “gravity” due to her being fat!

93 posted on 06/27/2018 7:47:13 AM PDT by vette6387
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To: GMMC0987

When I was in local government in HR department, if I heard a tiny negative comment from employees about the unfair dues to SEIU, I told them (quietly) there was a way out. In the politically correct HR Department I was a turd in the punchbowl. Sooo glad to retire!


94 posted on 06/27/2018 7:48:42 AM PDT by MayflowerMadam (Have an A-1 day.)
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To: jazusamo

Can the disgruntled union people get their money back?


95 posted on 06/27/2018 7:49:43 AM PDT by US_MilitaryRules (I'm not tired of Winning yet! Please, continue on!)
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To: jazusamo

It’s not hard to imagine that Janus, challenging public unions in Illinois of all places, and apparently being just a simple working stiff himself, must have often felt that he was in considerable personal danger—yet he persisted.


96 posted on 06/27/2018 7:51:06 AM PDT by Hebrews 11:6 (Do you REALLY believe that (1) God IS, and (2) God IS GOOD?)
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To: Right Wing Assault

“Now do the union thugs start harassing the non-payers? Or worse?”

I think not! Because with a SCOTUS decision behind the change, any harassment of non-dues payers would have serious consequences, because the Trump Administration would jump on that with both feet!


97 posted on 06/27/2018 7:51:23 AM PDT by vette6387
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To: Rusty0604

Cold? Nah....WET and CLOUDY...9 months of the year...but, those 3 months ARE BEAUTIFUL. I would like to be able to live in hot weather, but I’m from Seattle area....have webfeet and cannot abide the heat for long.


98 posted on 06/27/2018 7:51:35 AM PDT by goodnesswins (White Privilege EQUALS Self Control & working 50-80 hrs/wk for 40 years!)
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To: jazusamo

This really is a watershed moment for America, and a likely deathknell for the modern. Democratic Party


99 posted on 06/27/2018 7:52:37 AM PDT by tcrlaf (They told me it could never happen in America. And then it did....)
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To: jazusamo

think how this will effect union $$$ going to demoKrat campaigns...


100 posted on 06/27/2018 7:52:43 AM PDT by God luvs America (63.5 million pay no income tax and vote for DemoKrats...)
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