Supreme Court rules against public unions collecting fees for nonmembers
Source: Washington Post
By Robert Barnes June 27 at 10:17 AM Email the author
robert.barnes@washpost.com
Conservatives on the Supreme Court said Wednesday that it was unconstitutional to allow public employee unions to require collective bargaining fees from workers who choose not to join the union, a major blow for the U.S. labor movement.
The court in a 5-to-4 decision overturned a 40-year-old precedent and said that compelling such fees was a violation of workers free speech rights. The rule could force the workers to give financial support to public policy positions they oppose, the court said.
States and public-sector unions may no longer extract agency fees from nonconsenting employees, Justice Samuel A. Alito Jr. wrote for the majority. This procedure violates the First Amendment and cannot continue.
He was joined by Chief Justice John G. Roberts Jr. and Justices Anthony M. Kennedy, Clarence Thomas and Neil M. Gorsuch. ... Justice Elena Kagn wrote for the dissenting liberals: The First Amendment was meant for better things. It was meant not to undermine but to protect democratic governance including over the role of public-sector unions.
....
Robert Barnes has been a Washington Post reporter and editor since 1987. He joined The Post to cover Maryland politics, and he has served in various editing positions, including metropolitan editor and national political editor. He has covered the Supreme Court since November 2006. Follow @scotusreporter
https://twitter.com/scotusreporter
Read more: https://www.washingtonpost.com/politics/courts_law/supreme-court-rules-against-public-unions-collecting-fees-for-nonmembers/2018/06/27/ccdf6bf4-7a0c-11e8-80be-6d32e182a3bc_story.html
Much editing. Per LBN rules, edited to link to actual article.
Hat tip, BumRushDaShow, for providing that. See:
https://www.democraticunderground.com/10142095911#post11
Original title:
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In major blow to organized labor, Supreme Court says public employee unions may not charge fees to nonmembers
Link to tweet
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http://live.scotusblog.com/Event/Live_blog_of_opinions__June_27_2018
we have Janus, per Alito. Reversed and remanded.
http://www.scotusblog.com/2018/06/live-blog-of-opinions-with-first-mondays-3/
#SCOTUS holds requiring nonmembers of public-sector unions to pay fees to cover collective-bargaining activities violates the First Amendment, overruling longstanding precedent
It is 5-4. Sotomayor dissents. Kagan dissents, joined by Ginsburg, Breyer, and Sotomayor.
Link to tweet
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Lots of people asking whether this decision is limited to public sector unions. Yes, because the First Amendment only constrains the government. There has been some commentary on how this decision might affect labor markets more generally, but by its terms, it applies only to public sector unions.
by Tejinder 10:08 AM?15
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Both Sotomayor and Kagan cite NIFLA in their dissents... wasn't that released just yesterday?
by Jake 10:10 AMReplies1?6
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Here's the #SCOTUS opinion in Janus v. AFSCME: https://www.supremecourt.gov/opinions/17pdf/16-1466_2b3j.pdf ...
Link to tweet
https://www.supremecourt.gov/opinions/17pdf/16-1466_2b3j.pdf
Squinch
(51,025 posts)ck4829
(35,093 posts)Sooner we all realize that, the better.
watoos
(7,142 posts)but the decline of the middle class, or decent working class wages if you prefer, mirrors the decline of unions.
olegramps
(8,200 posts)Decisions are not made on the bases of their constitutionality, but sole on politics. We don't have to wait, breathless, for their decision. Any jackass knows that what they will decide is foreordained. I believe this to be especially true in the case of when the Republicans are in the majority. If a case has anything to do with labor rights, forget it. Its dead on arrival. Same for women rights. Why don't they just declare that the Democratic Party is outlawed and be done with it. Then maybe it will sink in that we that we forfeited our Democracy to the Republican Fascist Authoritarian Dictatorship and billionaire oligarchs.
lordsummerisle
(4,651 posts)James48
(4,443 posts)That is to negotiate a two-tier wage system that pays members a higher rate than non-members.
But it has to be done in a way that will pass legal scrutiny.
Instead of representing all bargaining unit members as the EXCLUSIVE representative, Public Sector Unions need to consider being the NON-Exclusive representative of a bargaining group- and only represent those who are members.
the rest can fend for themselves.
Freddie
(9,275 posts)School boards would only hire nonunion if they were cheaper. But I think anyone who refuses to join the union should lose the union's legal representation in grievances and other personnel matters.
Marthe48
(17,042 posts)the teacher advisor for a group I volunteer with is anti-union, even filed a suit relative to this bad news. She gets an annual stipend for advising the students for this group, but doesn't bother coming to meetings or other obligations.
If they don't want to pay dues, they should not get any of the union benefits and I hope that dedicated union members shun them. I also hope that if they are lazy asses like the teacher I know, that if they shirk on their jobs, they get fired, with no support from the union. You don't get what you don't pay for.
aggiesal
(8,935 posts)once you have a tier wage system, with higher pay for union members,
when layoffs come calling, the union higher paying positions are released first.
Don't believe me?
Look at what happened with the grocery stores in California.
Stores wanted a 2 tiered system, because they were paying too
much for their cashiers, baggers and stockers and couldn't compete
with the Walmart's of the world.
The union struck twice. The 2nd time the employees broke ranks, and
the union had to give in to the 2 tiered system.
Now I walk into Von's, and the cashiers with high seniority are all gone,
and left are the lower tiered wage earners.
FBaggins
(26,773 posts)These unions are usually required to serve members and non-members alike because they have been granted exclusive bargaining rights for all employees.
From the dissent:
Yupster
(14,308 posts)paid the non-union employees more than the union ones?
safeinOhio
(32,729 posts)First Amendment. Not likely.
JI7
(89,276 posts)Fuck Nader
DetroitLegalBeagle
(1,927 posts)This case was decided the minute Gorsuch was confirmed.
bsiebs
(688 posts)DeminPennswoods
(15,290 posts)Had he lived, the decision would have been exactly the same.
cstanleytech
(26,331 posts)including that union members get first pick for both the number of hours they work as well as shift times not to mention they are the only ones that will be offered overtime hours.
watoos
(7,142 posts)that management is going to agree to that?
asiliveandbreathe
(8,203 posts)Lots of people asking whether this decision is limited to public sector unions. Yes, because the First Amendment only constrains the government. There has been some commentary on how this decision might affect labor markets more generally, but by its terms, it applies only to public sector unions.
Public Unions, Govt, now will have lot's of freeloaders..I wish it was as simple as negating seniority..as a former CWA union member - any steward, representing a non paying union member...well, we will just have to see how that works out for the freeloaders.....just sayin'
leftynyc
(26,060 posts)the "purity police" deserve nothing but scorn and ridicule. Hope they're enjoying life under degenerate donnie. I'll never give them the time of day again.
C Moon
(12,221 posts)Union.
He gets HUGE benefits: for working holidays, etc. As he should. As we all should.
I wonder how he's going to feel when the stripping of these benefits begins, as CEO's realize what they can do.
leftynyc
(26,060 posts)who was stupid enough to vote for donnie, vote third party or not vote.
JustABozoOnThisBus
(23,371 posts)C Moon
(12,221 posts)BumRushDaShow
(129,608 posts)by Washington Post Staff June 27 at 10:05 AM
The case has major implications for the future of organized labor, which has become a pillar of Democratic Party politics, and for the millions of workers in the nearly half of states that authorize payments from nonmembers to cover the cost of collective bargaining.
Conservative activists for years have brought lawsuits arguing the payments are a violation of nonmembers free-speech rights.
The Supreme Court ruled in 1977 that public-employee unions could charge nonmembers for the cost of representation but not for the unions political activities.
This is a developing story. It will be updated.
https://www.washingtonpost.com/news/politics/wp/2018/06/27/in-major-blow-to-organized-labor-supreme-court-says-public-employee-unions-may-not-charge-fees-to-nonmembers/?sw_bypass=true&utm_term=.56d604823069
mahatmakanejeeves
(57,647 posts)asiliveandbreathe
(8,203 posts)Alito is still reading from the bench. Not clear yet whether Kagan will read, as she doesn't do so very often. And then we are still expecting a decision in Florida v. Georgia, presumably from Breyer
As a Union member (former CWA) I would agree to having my union dues increased to cover the loss...as well, encourage increase in membership.....I would also encourage non-members to stop being freeloaders....
yallerdawg
(16,104 posts)the writing was on the wall.
Unions are a declining anachronism now.
Strong union states (like Michigan) went for the Republican candidate in 2016?
Progressive, worker-oriented legislation from a united Democratic Party is our best hope now!
still_one
(92,433 posts)Obama barely got the ACA through, and the assertion that Obama could have gotten card check I am not sure about that.
As much as many of us wish the Democratic party was unified on more issues perhaps Will Rogers said it best
"I don't belong to any organized political party, I'm a Democrat"
yallerdawg
(16,104 posts)and did not pursue the one thing that could have energized and resuscitated Unionism in America, it was clear that we have moved on.
Unions had their day and served their purpose.
Now - we legislate and codify progressivism (when we work together) - we are ALL at the table now.
still_one
(92,433 posts)the only way to accomplish that, because they sure were not going to go for Medicare for all.
I know the ACA and the issue regarding labor are not the same thing, but the dynamics were, depending on the state where the Senator came from.
As far as your last point, absolutely agree
yallerdawg
(16,104 posts)I worked for Walmart at the time (unloading trucks in a store for $8/hr), and Obama winning was considered to be about as good as it could ever get!
still_one
(92,433 posts)BumRushDaShow
(129,608 posts)By Michael O'Brien - 08/04/10 03:36 PM EDT
President Obama told the AFL-CIO on Wednesday that he would "keep on fighting" to pass the controversial "card check" bill.
Obama said during a speech to the labor group's executive committee meeting that he continued to support the Employee Free Choice Act (EFCA, or "card check" ) among the litany of proposals he favors to help workers.
"[W]e're going to keep on fighting to pass the Employee Free Choice Act," Obama told the union. "Getting EFCA through Senate is going to be tough. Its always been tough; it will continue to be tough. Well keep on pushing," he said.
The labor organizing bill has languished in Congress over the past year and a half after business groups poured millions into efforts to beat it back. While the legislation had some support in the House, it's failed to muster the 60 votes necessary to survive a filibuster in the Senate. Lobbying for and against the legislation has continued at a healthy pace. Sen. Tom Harkin (D-Iowa), a key Democrat and proponent of the legislation, has suggested that some form of the bill could move during the lame-duck Congress between Election Day and early January, when a new Congress is sworn in.
To that end, Republicans and groups like the Workforce Fairness Institute (WFI) have sought to put their supporters on alert in coming months, putting pressure on lawmakers to swear off lame-duck action on EFCA or other top priorities that will have gone without action until November.
http://thehill.com/blogs/blog-briefing-room/news/112613-obama-says-hell-keep-on-fighting-to-pass-card-check-bill
yallerdawg
(16,104 posts)Let's get him a "Participation Trophy!"
BumRushDaShow
(129,608 posts)and did not pursue the one thing that could have energized and resuscitated Unionism in America, it was clear that we have moved on.
And I posted a link to an article that said that he DID "pursue" it and also explained WHY there was a problem with getting it enacted.
yallerdawg
(16,104 posts)You consider this pursuing passage of EFCA 'card check?'
But he did mention it to a Labor Executive Committee?
Now, I'm not saying Obama alone was responsible - Democratic representatives in Congress have "helped" all along. But Obama COULD have pursued this legislation, and we'd be in a different world today.
Not to mention, he could have helped a bit more on ACA - but that's another story.
BumRushDaShow
(129,608 posts)but here is the deal and the timeline -
January 20, 2009 - Obama inaugurated.
February 13, 2009 - Congress passes ARRA (American Recovery and and Reinvestment Act - "stimulus" ) right out of the gate less than a month after inauguration
April 28th, 2009 - Arlen Specter switches parties from Republican to Democrat (becomes seat #59)
June 30th, 2009 - Nearly 8 months after his run against Norm Coleman, Al Franken is finally declared a winner and seated
This finally lead to having 60 votes in the Senate. However here was the problem at that point -
With their supermajority, the era of excuses and finger-pointing is now over, said Senator John Cornyn of Texas, who heads the National Republican Senatorial Committee. Mr. Cornyn said it was troubling to think about what they might now accomplish with 60 votes.
But whether Democrats can consistently rely on 60 senators being present is in question. Two veteran Democrats, Senators Robert C. Byrd of West Virginia and Edward M. Kennedy of Massachusetts, are ailing and have regularly been absent from the Senate. In addition, a handful of moderate to conservative Democrats have shown a willingness to break from the party, and even liberals will do so on some issues.
<...>
https://www.nytimes.com/2009/07/01/us/politics/01minnesota.html
So basically, Democrats only have a "sure fire" 58 seats with the hope that either or both Byrd or Kennedy could make it for crucial votes.
June 9th, 2009 - ACA submitted with Kennedy's assistance but at that point, he basially did not return to the Senate due to his medical issues
Seats = 59.
July 17, 2009 - Kennedy pens an editorial for Newsweek, his last
August 26, 2009 - Ted Kennedy dies of brain cancer
The seat is now "officially" vacant and "officially" 59.
September 24, 2009 - Deval Patrick appoints Paul Kirk as temporary replacement for Ted Kennedy until the Special Election in December 2009
Seats back up to 60.
December 24, 2009 - ACA (pt. 1) passes with 60 votes in Senate
January 19, 2010 - Scott Brown (R) wins Ted Kennedy's seat and that is the end of the 60 vote majority
From that point on, there would be no more "super majority" nor would there be a guarantee that the Liebermans or Baucuses or Landrieus would ever lock step to provide votes to break cloture. Thus pt. 2 of the ACA had to be done by reconciliation -
March 23rd, 2010 - Pt. 2 - PP-ACA signed into law (passed by by reconciliation - i.e., less than 60 votes in Senate)
June 28, 2010 - Robert Byrd dies (almost end of all hope for getting cloture save for a few showcasing GOP Senators)
Seats down to 58 (D + I).
July 21, 2010 - Dodd-Frank enacted establishing the CFPB (passed with 2 GOP Senators -Snowe and Brown to reach cloture)
Remember, that first 1 1/2 years in office was not about people just sitting there in Congress doing nothing and Obama twiddling his thumbs. People forget that in January 2009, the month of Obama's inauguration, there were 741,000 layoffs.
vi5
(13,305 posts)....wanting their money and votes and energy but refusing to do anything of major consequence to stand with the labor movement.
There have been numerous instances over the past 10-15 years where Democrats could have gone and stand with labor (both physically and figuratively) but instead with a few exceptions of individual members, have instead chosen to play coy so as to not piss off wall street and big money corporate donors.
still_one
(92,433 posts)yurbud
(39,405 posts)When RFK was running for president.
JFK, MLK, RFK, the truly progressive leaders of that generation were killed. The second string soldiered on, but the right was starting their new strategies formulated after their defeats in the '60's to not just win but own the debate.
yurbud
(39,405 posts)and they forgot the consequences of conservative policies like the Great Depression, boom and bust cycles, epic graft, pollution, and on and on.
That's an inherent problem with democracy: when things are going okay, most people stop paying attention.
still_one
(92,433 posts)aggiesal
(8,935 posts)This all goes back to Citizens United.
Money is not speech.
Just because you have a lot of it, does not mean you get more free speech.
In this case people didn't want to pay their money for union dues, because
it violated their free speech? How?
Quit the union and see how much free speech you'll have then.
Lower wages and benefits. Where will your voice be then, when you're
one of millions that are no longer organized.
But hey, you voted republican and they stole our SCOTUS seat, so now
you can take the rest of us down with you!!!
asiliveandbreathe
(8,203 posts)Lots of people asking whether this decision is limited to public sector unions. Yes, because the First Amendment only constrains the government. There has been some commentary on how this decision might affect labor markets more generally, but by its terms, it applies only to public sector unions.
SFnomad
(3,473 posts)are you happy now? Was it worth it to be so pure?
mr_lebowski
(33,643 posts)"Good Job staying home or voting 3rd Party, Bernie Bros who couldn't stomach voting for Hillary and even actively bashed her ... your actions have effectively just destroyed Public Employee Unions in this Country".
nolabels
(13,133 posts)I am currently in the Teamsters Union Local 495 and have been paying my union dues for twenty-five years.
mr_lebowski
(33,643 posts)My daddy drove truck as a Teamster out of the Oakland, CA Hall (well, when he didn't have steady gig like at Coke or Lucky's) for 30 years, til an injury on the job took him out ...
He also drug his decrepit, barely ambulatory ass down to the polls to vote for Hillary ...
Also, the person you're responding to wasn't blaming Bernie, just Bernie voters who couldn't stomach voting for Hillary. It's a pretty common theme here, you may've noticed it going on here and there ...
nolabels
(13,133 posts)The right-wingers have been planning this crap for sixty years and now they are here with it. It's been going on a long time. Really the thing I see is us blaming each other works quite nicely for them
mr_lebowski
(33,643 posts)Bernie voters who stayed home or voted 3rd party ... there only had to be 75K of them in three critical states ... swayed by anti-Hillary propaganda ... they DO make a pretty easy 'target' for the collective wrath of DU, don't you think?
Everyone knows the Repubs who REALLY deserve blame aren't here on DU ... but there may be a few that meet that above criteria, so people say this in the futile hope of actually REACHING and hence shaming ... a member of this population.
no_hypocrisy
(46,216 posts)asiliveandbreathe
(8,203 posts)represent freeloaders...well.........
still_one
(92,433 posts)those swing states lost to the establishment, incumbent, republican?
People will are now facing up to the consequences of their actions
Union Label
(545 posts)I dont recognize my country anymore.
OliverQ
(3,363 posts)But I don't qualify for a Visa anywhere else.
DeminPennswoods
(15,290 posts)member of the federal union. I never had a "fair share" amount deducted from my pay when I wasn't a dues-paying member. The union did charge a fee if they represented a non-member to cover that cost.
The upshoot is going to be that public sector unions will stop representing members who are aggreived by management. I myself would negotiate collective bargaining agreements that specify while bargaining unit members get the same benefits as are negotiated with respect to pay and benefits, members who don't pay dues are specifically excluded from union representation/support when they believe they are unfairly treated by management.
Sooner rather than later one of these teachers or social workers or cops or firemen are going to be targeted by management for abuse. Or a cop is going to kill an unarmed suspect. Or a teacher is going to get an unsatisfactory evaluation and be fired. Then they are going to want help, but the "I wanna be on my own" employee will have to hire their own lawyer out of their own pocket and fight the case on their own.
asiliveandbreathe
(8,203 posts)CWA - retired...I do not like freeloaders..and I'm sure stewards don't either....
Excellent observation and suggestion...
DeminPennswoods
(15,290 posts)already. Many, if not most, states have laws that prohibt teachers from striking or limiting strikes to x number of days total. Police/fire are usually under binding arbitration rules if they cannot come to a contract agreement. Federal employees are prohibited from striking at all and pay/benefits are at the whim of Congress.
Once you can't strike, you lose most of your bargaining power.
asiliveandbreathe
(8,203 posts)In footnote 6 of the majority opinion, the Court suggests that Unions could be allowed to charge nonmembers for representing them in grievance proceedings.
Otherwise, this could put stewards in a very precarious situation..if they knew they were representing a non-dues paying member..I like to call freeloaders...CWA here!!!!!
bluehen
(8 posts)We have many members who only pay "fair share". Now, they will pay nothing, yet still reap all the benefits that full paying members receive. I guess they must feel great being able to stick it to those "fat cat" teachers again.
Freddie
(9,275 posts)We have no fair share people here, they all belong and support the union (at the moment). But I know some of the teachers are Republicans. I honestly can't grasp that amount of cognitive dissonance in a supposedly well-educated person. To paraphrase the famous saying about women, "a teacher voting Republican is like a chicken voting for Col. Sanders."
BlueIdaho
(13,582 posts)I would think the other side of this SC decision is an understanding that non dues paying workers cant expect anything from a Union they do not support.
Freethinker65
(10,064 posts)Those employees that opt out should be on their own to negotiate their own pay, benefits, and handle grievances.
Docked for an arbitrary reason- go to management yourself and argue your case.
Unable to get accommodations for temporary medical condition- go to management yourself, or hire your own attorney.
No strike pay for a walkout. Choose to be a scab or go without.
* reposted from locked duplicate thread
FBaggins
(26,773 posts)So long as unions retain the exclusive bargaining rights with the government/employer - they are legally bound to represent all employees.
This is a real stake to the heart of public-sector unions. The only reason to pay dues now will be out of the goodness of your heart.
Freethinker65
(10,064 posts)Especially in matters with grievances with the employer.
mr_lebowski
(33,643 posts)These Unions are going to die. Which is ACTUALLY the entire point.
Crutchez_CuiBono
(7,725 posts)Has consequences.
mahatmakanejeeves
(57,647 posts)2 minutes ago
They are done. No retirement announcements from any justices.
- - - - -
Roberts gavels close to session with no announcement of justice retirements. But such announcements do not have to be made then. (Not trying to tease, just stating what we know)
Link to tweet
mahatmakanejeeves
(57,647 posts)AG Sessions brags that administration won all 4 cases where Justice changed positions from Obama admin: The favorable Supreme Court decisions in all four cases reflect that we took the proper course of action.
Link to tweet
turbinetree
(24,720 posts)Time to abolish Taft-Hartley......................and over turn this Janus ruling.....................if you join an an organization and was told that a "majority+1 wanted dues to be taken out, then if you don't like it leave. You signed you name saying that you would honor that agreement, no one twisted your arm, you made a conscience decision to honor majority rule-----------------back stabbing
No wonder this country is turning into a third rate state..................wages, education, infrastructure, health care....etc.... unfucking believable....................and these assholes are the same ones that whine that they don't get paid enough
It really is time to take back the courts
And has for Alito writing for the majority your one to talk........................you think a fucking building has free speech right, you know the brick and concrete......................FUCK YOU
http://media.pfaw.org/stc/alito-final.pdf
November 2018 cannot get here fast enough
Bengus81
(6,934 posts)What a shock,another brick out of the wall to bring Unions down. I can understand the rich,assholes like Trump and Corporate CEO's wanting this but then the Trump knuckle draggers also hate unions.
WTF is wrong with those people??? Won't be happy until nearly every job is at MW??
LiberalArkie
(15,730 posts)paying members.
WorkDoctor
(60 posts)A "conservative" would not make some group delivering services (like protection against scheming, thieving employers) deliver it for free. Free rides are for "liberals."
Where's the conscience of a guy who allows the union busters to use him so that his name will forever be enshrined as turning on his fellow workers?
Javaman
(62,534 posts)wait for it. it will be attempted and some will get through.
mark my words.
GatoGordo
(2,412 posts)This is a point that the Repukes made over and over about ACA... but it was used against us.
This is an Obama quote. Time to use it for our benefit.
EllieBC
(3,042 posts)Hillary wasn't "progressive enough" so you sat home.
Enjoying what you got now?
yurbud
(39,405 posts)even for members in my union.
MadDAsHell
(2,067 posts)In fact, it probably should have been that way from the beginning and this wouldnt have been such a shitshow.
Want union benefits? Pay dues.
Dont want them? Dont pay dues.
mr_lebowski
(33,643 posts)the Unions by undermining how and from whom they can collect dues, in many different ways over the years.
Now they've pretty well dealt the death blow essentially saying everyone working at the union shop has to be covered/receive all Union benefits ... but nobody actually has to pay for any of those benefits.
truthisfreedom
(23,159 posts)an administration whose public views I oppose.
mahatmakanejeeves
(57,647 posts)harun
(11,348 posts)*sarcasm*
Mr. Sparkle
(2,950 posts)Turbineguy
(37,372 posts)who was making about $40,000 per year. After taking a training course that I taught, he could make $80,000. But he'd have to join a Union. He's still making $40,000.
When I worked as a civilian for the DoD we were sort of unionized. We got raises when the Union did and things like that. There were a number of people, very few, who got the union pay scale, but did not pay union dues and they were called "free-loaders". It could be that if people who are now unionized do not have to pay dues, they might drop out. If enough drop out, the Union could get decertified and people might get a drop in pay and benefits under a republican administration.
One of the things that took place in Europe with unions is that various countries adopted laws that gave workers pretty much the same protection as the unions gave them. There was no point in joining a union.
I worked for a German firm and company policy that covered my subordinates could have been lifted directly from the pages of my union contract. It was difficult to fire somebody and you had to jump through a lot of hoops.
angrychair
(8,736 posts)I will be forced to quit. What this will do is require locals to let go a majority of their council reps and put a massive workload on what is supposed to be a voluntary position. I am only one of three as it is and the only one still actively trying to be honest. I dont know what else to do but there is no way I can take on the much of a burden for people that are apathetic at best.
FYI I am in a blue state with a Dem Governor and Dem majority in house and senate (for now)
DeminPennswoods
(15,290 posts)outdated. On the surface they appear to help workers, but I think the reality is they handcuff them. One of the dissents was posted above and shows the conundrum - unions can't force non-members to pay dues yet have to provide "fair" representation to everyone.