Maddy Joseph is a student at Harvard Law School.
The Supreme Court decided yesterday to hear Janus v. AFSCME. The Court seems poised to hold that agency-fee agreements for public sector workers are unconstitutional. Since the order, reports and commentaries have analyzed Janus‘s threat to public sector workers, and its stakes for U.S. organized labor.
The Chicago Tribune explains that the case began when Illinois’ Republican Governor Bruce Rauner, a former private equity executive, attempted to stop the state from dispensing agency fees to unions, clashing with the state’s Attorney General. The Governor eventually filed the suit that would become Janus, asking a federal court to rule that his actions were valid and that fair-share agreements are unconstitutional. When Gov. Rauner was dropped from the case, Mark Janus and other state employees took over as plaintiffs. The Tribune also has an editorial that supports the union’s argument only on the “narrow” point that “[s]omeone who benefits from a union’s contract negotiations should pay for collective bargaining activities, if not for the union’s political activities.” It notes that an AFSCME loss in Janus would lead to a decline in union membership, like the decline seen “in Wisconsin, with Gov. Scott Walker leading the charge.”
Making the stakes concrete, the Washington Post gives the union membership statistics: “Union membership in the U.S. declined to just 10.7 percent of the workforce last year, and the ranks of private-sector unions have been especially hard hit. About half of all union members now work for federal, state and local governments.”
And The Atlantic recounts AFSCME’s predictions about who would pay fees under a public sector right-to-work regime: “only about a third of the workers they represent would pay fees ‘no matter what’ and . . . about half were on the fence about it. In other words, if given the option to leave the union and avoid paying dues, many could take it and still be supported by collective-bargaining efforts.” The article also nicely summarizes the Court’s recent “signal flares on Abood” in Knox and Harris.
The New York Times calls the period since the Court’s 4-4 deadlock in Friedrichs v. CTA “a brief reprieve for unions.” (Find our coverage of Friedrichs here.) According to the Times “[u]nion leaders reacted to the court’s decision to hear [Janus] with dismay bordering on alarm.”
At Slate, Mark Joseph Stern predicts that “while Janus will be a crushing blow to unions, it probably won’t be the last one dealt by the Supreme Court,” arguing that the First Amendment analysis used to reject agency-fee agreements in the public sector could easily be modified and extended to compel a right-to-work regime in the private sector. For a preview of Janus’s argument, see the cert petition.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
October 21
DOL withdraws tipped-worker rule; Instacart settles hiring-bias claims; Phillips 66 locks out New Jersey refinery workers.
October 20
Korean unions oppose labor exemption bill; Portland city workers prepare for strike; UPenn grad student union looks to dismiss university filing
October 19
FDA reverses course on policy prohibiting off-duty union activity; FAA and NATCA reach deal to secure pay increase for air traffic controllers.
October 18
Federal judge again halts cancellation of the Bureau of Prisons’ CBA; tabletop gaming workers face roadblocks in union recognition.
October 16
Department of Labor reduces wage-and-hour enforcement at unionized workplaces; Fain's victory poses question of federal monitor's extension.
October 15
New reporting examines the rollback of child labor protections; California tries to block a strike; NLRB charges Wisconsin mental health provider with firing workers during union drive.