If the justices decide to rule for Harris and against SEIU, they could do so in a couple of ways. On the one hand, they could issue a relatively narrow opinion. Home health care workers are in somewhat unusual position, in part because the union bargains on their behalf by seeking greater reimbursements from Medicaid. The justices could decide that’s basically political activity, rather than more traditional collective bargaining activity, and invalidate the fees based on that basis. That would affect home health care workers and, perhaps, other workers whose incomes depend on direct payment from government programs. (Think childcare.) It might not apply to other public sector employees.
But the justices could also issue a broader ruling. They could decide it’s wrong to make any public employees pay the administrative fees for collective bargaining. That would essentially turn all public-sector workers into “right to work” occupations. There’s even a chance—albeit very remote, according to experts—that the justices could extend their ruling to the private sector, arguing that exclusive representation by unions inherently limits constitutional rights to free speech and association.
Politico quotes Professor Ben Sachs extensively, explaining:
If the court sweeps away compulsory dues, many more unions “will need to convince employees to pay for representation that the employees would be entitled to receive for free,” said Benjamin Sachs, a Harvard law professor who studies labor and has blogged frequently about the case. “But unions have overcome difficult court decisions in the past,” Sachs said, “and the historical track record suggests that they will be able to adjust to a loss in Harris v. Quinn as well.”
Both are worth reading in full.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
September 2
Trump’s US Steel agreement impacts labor talks; Mamdani clashes with teachers’ union; Boeing plans to resume bargaining talks.
September 1
California legislature passes a bill banning AI workplace surveillance of workers' emotional states; Labor Department repeals decades-old farmworker protection rules; Sixth Circuit upholds a $1.4 million verdict for farmworkers.
August 31
Boston Symphony Orchestra musicians stave off first-ever strike; Cleveland Public Library workers ratify new contracts; New York State AFL-CIO makes endorsements
August 30
Seattle teachers vote to authorize a strike days before the school year begins; BNSF Railway’s AI dispatching system puts workers in danger; and a California court finds that the DOL’s pay cuts for non-citizen farmworkers are unlawful.
August 28
Calls for a “token tax” on AI consumption grow and the number of Amazon workers on federal aid explodes.
August 27
NLRB GC targets Biden-era precedent; Starbucks Workers United calls for boycott; Encore Boston Harbor workers authorize strike