Wednesday, July 2, 2014

Russ on Reading: SCOTUS Sticks It to the Union

Russ on Reading: SCOTUS Sticks It to the Union:



SCOTUS Sticks It to the Union

We must all hang together, or assuredly we will all hang separately - Ben Franklin

The Supreme Court Ruling Monday inHarris v. Quinn played second fiddle to the ruling in the Hobby Lobby case in the media. While the Hobby Lobby contraceptive case was front page news in the New York Times, Harris v. Quinn didn't get a mention until page 12. The Harris case dealt with a few home health care workers insistence that they not be required to pay fees to their union. In 1977 the Court's ruling in Abood v. Detroit Board of Education established that public employees who benefit from the services of a union, such as collective bargaining agreements that improve their working conditions and salaries, must pay their "fair share" for such services even if they choose not to belong to the union. This "fair share" is typically known as an agency fee.

The Supreme Court struck down the 1977 law as it applies to these workers, citing their first amendment rights. According to the New York Times, "Justice Alito wrote that home health care workers who typically work for an ill or disabled person should be classified as partial public employees and should not be treated the same way as public schoolteachers..."

At first blush the ruling may appear to be a victory of sorts for teachers unions. Anti-labor groups were hoping the Court would strike down the 1977Abood ruling in its entirety, crippling all public employee unions by greatly Russ on Reading: SCOTUS Sticks It to the Union: