Please ensure Javascript is enabled for purposes of website accessibility
What Will Supreme Court Decide on Union Dues for Public Employees?
Inside-Sources
By InsideSources.com
Published 7 years ago on
February 27, 2018

Share

Demonstrators surrounded the U.S. Supreme Court Monday during oral arguments in a case that will decide whether to outlaw mandatory union dues in the public sector.
Lead plaintiff Mark Janus argues in his legal challenge that mandatory union dues violate his constitutional rights. He argues that workers should have the right to choose whether they want to fund a union or not. Those opposed counter that unions are critical to protecting workers and upholding their rights and should be compensated for that.


News Analysis
Connor Wolf
The American Federation of State, County and Municipal Employees (AFSCME) is the specific union the lawsuit is challenging with the aim of setting a legal precedent that would impact all public-sector unions. Janus v. AFSCME Council 31 could very well become one of the most critical labor-related lawsuits in the country’s history.
Mark Janus addressed the crowd shortly after oral arguments. He was at the podium for less than a minute as hecklers shouted over him by chanting “shame” – in a likely reference to the hit fantasy series Game of Thrones. He thanked the crowd before leaving. Attorney Jacob Huebert took to the podium shortly after him when the heckling began to die down.
“We are pleased how everything went in the courtroom today,” Huebert, who is helping to represent Janus, said. “We remain very optimistic. This is the biggest case for worker rights in a generation, and we’re hopeful that the Supreme Court will restore a worker’s right to choose whether they want to give money to a political advocacy group like a union. And hopefully, the court will say clearly that when you get a government job, you don’t leave your rights at the door.”
Huebert works as the director of litigation at the Liberty Justice Center. The group has provided legal assistance in the case alongside the National Right to Work Legal Defense Foundation. The groups are hoping the court overrules a decades-old decision that has upheld mandatory union payments.

The Law as It Stands Today

The U.S. Constitution bans compelled speech, like being forced to fund political activities. Labor unions currently can require dues in states without right-to-work protections so long as nonmembers have the option of paying a nonpolitical fair-share fee. The lawsuit argues that public-sector collective bargaining and political lobbying are the same, and thus all payments should be optional.

“This is the biggest case for worker rights in a generation, and we’re hopeful that the Supreme Court will restore a worker’s right to choose whether they want to give money to a political advocacy group like a union.” — Attorney Jacob Huebert
Democrats and others on the left typically believe that unions are critical to protecting workers and upholding their rights. They warn that optional dues could diminish the ability of unions to fulfill that goal because some workers might free-ride on the benefits by not funding the union. They also warn that the case is a corporate ploy to undermine those protections.
“We stand united in fighting a rigged system that rewards the super-wealthy at everyone else’s expense,” AFSCME President Lee Saunders said in a statement. “And we will not rest until we build an economy where everyone has a voice on the job, a seat at the table and a chance to succeed.”

Law’s Opponents Argue That It Forces Union Representation

Mark Janus supporters have contested the workers are being forced to accept union representation. Some workers might not even want the benefits their workplace union is fighting for – but still are legally obligated to fund those activities. Seniority policies, for example, reward workers based on how long they’ve been working as opposed to how hard.

We stand united in fighting a rigged system that rewards the super-wealthy at everyone else’s expense. And we will not rest until we build an economy where everyone has a voice on the job, a seat at the table and a chance to succeed.” —  AFSCME President Lee Saunders
The Competitive Enterprise Institute (CEI) has filed legal briefs and issued coalition letters against mandatory union dues as the case has worked its way to the highest court. CEI released a report Jan. 24 arguing that unions should choose to form as member-only groups to avoid the free-rider problem.
“No worker who wants to serve the public should be forced to pay union fees against their will and at the risk of losing his or her job,” CEI labor policy expert Trey Kovacs said in a statement provided to InsideSources. “Since collective bargaining in the public sector is inherently political, it is a blatant violation of the First Amendment rights of public-sector workers. Everyone deserves the freedom to choose how they are represented at work and where their money goes.”
Labor unions that are members-only aren’t obligated to represent non-members. Labor unions generally decide not to become members-only because exclusive representation blocks other labor groups from trying to organize an established bargaining unit. But that also means they have to represent every worker in that workplace even if they don’t pay dues.

Will Supreme Court Overturn Mandatory Dues?

The U.S. Supreme Court is being asked to overturn its decision upholding mandatory fees during the 1977 case Abood v. Detroit Board of Education. The court found in that case that unions could require fees from nonmembers. It also established the nonpolitical fair-share fee.
Labor unions and their supporters have also argued that the state workers are being used in a corporate scheme to undermine worker rights. The Economic Policy Institute (EPI), a progressive research nonprofit, tackled the issue Feb. 21 in a paper that allegedly found the case is a coordinated effort financed by wealthy donors.

Justice Gorsuch Likely Is Deciding Vote

The U.S. Supreme Court heard a nearly identical case back in 2016. Rebecca Friedrichs eventually lost that case with the court split after the death of Justice Antonin Scalia. Justice Neil Gorsuch was appointed to fill the empty seat. He is likely to become the deciding vote in favor of the state workers against the union.


Associate Justice Neil Gorsuch 
Labor unions could lose a lot if the justices rule against mandatory dues. The Bureau of Labor Statistics (BLS) reported that the union membership rate stands at 34.4 percent for public-sector workers, but only 6.5 percent for private. But the true impact is still unknown since its unclear how many workers will actually choose to leave.
The U.S. Supreme Court could make a decision anytime in the coming months. Most observers expect that a ruling is likely when the current term ends in June.
About the Author
Connor Wolf discovered his love for writing and politics at a young age while growing up in Connecticut. He eventually had the chance to pursue his passions when entering the world of journalism. Since that time he has covered labor policy, business and financial regulations. Follow him on Twitter. He wrote this for InsideSources.com.
 

DON'T MISS

Braves’ Jurickson Profar Hit With 80-Game PED Ban

DON'T MISS

Watch: City Demolishes Historic Chinatown Building to Make Way for Housing

DON'T MISS

The Mystery of Melania Trump’s Wedding Dress and an eBay Sale

DON'T MISS

Heading to Sierra? Prepare for Heavy Snow

DON'T MISS

Mexican National Caught in Fresno County Pleads Guilty to Fentanyl Trafficking

DON'T MISS

CA Snowpack Is Near-Average. What Does This Mean for Water Supplies?

DON'T MISS

Shohei Ohtani Adds Another No. 1 to His Resume: MLB’s Best-Selling Jersey

DON'T MISS

Tush Push Is the Hottest Topic at the NFL League Meetings

DON'T MISS

U.S. Bank Executive Terry Dolan Dies in Plane Crash Near Minneapolis

DON'T MISS

Trump Administration Will Review Billions in Funding for Harvard

UP NEXT

Watch: City Demolishes Historic Chinatown Building to Make Way for Housing

UP NEXT

The Mystery of Melania Trump’s Wedding Dress and an eBay Sale

UP NEXT

Heading to Sierra? Prepare for Heavy Snow

UP NEXT

Mexican National Caught in Fresno County Pleads Guilty to Fentanyl Trafficking

UP NEXT

CA Snowpack Is Near-Average. What Does This Mean for Water Supplies?

UP NEXT

Shohei Ohtani Adds Another No. 1 to His Resume: MLB’s Best-Selling Jersey

UP NEXT

Tush Push Is the Hottest Topic at the NFL League Meetings

UP NEXT

U.S. Bank Executive Terry Dolan Dies in Plane Crash Near Minneapolis

UP NEXT

Trump Administration Will Review Billions in Funding for Harvard

UP NEXT

Former MLB Pitcher CJ Wilson of Fresno on New Torpedo Bats: ‘Still Room for Innovation’

Heading to Sierra? Prepare for Heavy Snow

8 hours ago

Mexican National Caught in Fresno County Pleads Guilty to Fentanyl Trafficking

8 hours ago

CA Snowpack Is Near-Average. What Does This Mean for Water Supplies?

9 hours ago

Shohei Ohtani Adds Another No. 1 to His Resume: MLB’s Best-Selling Jersey

9 hours ago

Tush Push Is the Hottest Topic at the NFL League Meetings

9 hours ago

U.S. Bank Executive Terry Dolan Dies in Plane Crash Near Minneapolis

10 hours ago

Trump Administration Will Review Billions in Funding for Harvard

10 hours ago

Former MLB Pitcher CJ Wilson of Fresno on New Torpedo Bats: ‘Still Room for Innovation’

11 hours ago

Man Arrested After Shooting at Fresno’s Switch Nightclub

11 hours ago

Who Is Fresno’s ‘Fake’ ICE Agent? He Speaks Up

11 hours ago

Braves’ Jurickson Profar Hit With 80-Game PED Ban

NEW YORK — Atlanta Braves outfielder Jurickson Profar has been suspended for 80 games without pay for performance-enhancing drug use. Major ...

7 hours ago

Jurickson Profar
7 hours ago

Braves’ Jurickson Profar Hit With 80-Game PED Ban

7 hours ago

Watch: City Demolishes Historic Chinatown Building to Make Way for Housing

Photo of First Lady Melania Trump
8 hours ago

The Mystery of Melania Trump’s Wedding Dress and an eBay Sale

8 hours ago

Heading to Sierra? Prepare for Heavy Snow

Miguel Obed Romero Reyes, 25, of Sinaloa, Mexico, pleaded guilty Monday, March 31, 2025, to trafficking more than 200,000 fentanyl pills after authorities seized the drugs during a traffic stop on Interstate 5. (DOJ)
8 hours ago

Mexican National Caught in Fresno County Pleads Guilty to Fentanyl Trafficking

9 hours ago

CA Snowpack Is Near-Average. What Does This Mean for Water Supplies?

9 hours ago

Shohei Ohtani Adds Another No. 1 to His Resume: MLB’s Best-Selling Jersey

Philadelphia Eagles quarterback Jalen Hurts (1) lines up for the goal line Tush Push play during the NFL championship playoff football game against the Washington Commanders, Jan. 26, 2025, in Philadelphia. (AP File)
9 hours ago

Tush Push Is the Hottest Topic at the NFL League Meetings

Help continue the work that gets you the news that matters most.

Search

Send this to a friend