Looming SCOTUS Decision Could Become a Big Loss for Dems, Big Labor Looming SCOTUS Decision Could Become a Big Loss for Dems, Big Labor – NTK Network

Looming SCOTUS Decision Could Become a Big Loss for Dems, Big Labor

The Supreme Court will hear a case today that could change the scope and scale of political power for Big Labor.

By NTK Staff | 02.26.2018 @11:00am
Looming SCOTUS Decision Could Become a Big Loss for Dems, Big Labor

On Monday, the Supreme Court will hear arguments in a case that, if they decide in favor of an aggrieved worker upset with union fees taken from his paycheck, could change the scale and scope of power that Big Labor has in America.

SCOTUSblog’s Amy Howe offered a preview of Janus v. AFSCME last week:

Like many employees, Mark Janus was upset about deductions from his paycheck – specifically, the roughly $45 per month that goes to the local branch of the American Federation of State, County, and Municipal Employees, the union that represents him. But unlike most employees, Janus – a child-support specialist at the state’s Department of Healthcare and Family Services, who does not belong to the union – may be able to do something about that deduction. Next week the Supreme Court will hear oral argument in his challenge to the constitutionality of the fee. It’s a familiar question for eight of the nine justices, who have already heard oral argument on the issue twice. The court did not resolve the issue the first time; the second time, in the wake of the death of Justice Antonin Scalia, they deadlocked. This means that the outcome in Janus’ case could hinge on the vote of the court’s newest justice, Neil Gorsuch.

The Supreme Court will decide whether to overturn a 1977 ruling in Abood v. Detroit Board of Education, when the Supreme Court decided 6-3 “that nonunion employees in the public sector may be required to fund union activities related to ‘collective bargaining, contract administration, and grievance adjustment purposes.'”

According to SCOTUSblog’s Howe, Janus is arguing that even the fees for the above union activities amount to “requiring him to pay an agency fee [that] is no different from requiring him to subsidize a group that lobbies the government.”

If the conservative-leaning Supreme Court decides in favor of Janus, it could rob Big Labor unions from fees they collect from non-union members. The less revenue these unions bring in, the less political and bargaining power they have. In the public sector, this could benefit taxpayers who have footed the bill for generous pensions in many states, in some cases for decades.

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