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marmar

(76,982 posts)
Thu Jun 11, 2020, 12:15 PM Jun 2020

Get Ready for Janus 2.0, Which Could Devastate Labor More Than the First


from In These Times:


Get Ready for Janus 2.0, Which Could Devastate Labor More Than the First
BY MOSHE Z. MARVIT


On June 27, 2018, the Supreme Court issued its ruling in Janus v. AFSCME, which radically changed established constitutional interpretation to make it a violation of the First Amendment for public-sector unions to collect fair-share fees. These fees are equivalent to the portion of union dues that are germane to collective bargaining. The plaintiff in the case was Mark Janus, a child support specialist with the Illinois Department of Healthcare and Family Services, who objected to paying $23.48 in fair-share fees per pay period to AFSCME, the union that represented him and his coworkers. Backing Janus was a coterie of anti-union groups, headed by the National Right to Work Legal Defense Foundation, which has spent decades attacking labor.

Despite this stinging loss before the Supreme Court, many unions had prepared for this possibility, and laid the groundwork to help mitigate the damages. The result was that—at least in the short term—the case that was intended to serve as a major body blow to labor appears to have had a rejuvenating effect.

For many, it seemed like the Janus case was over. Mark Janus, the lead plaintiff, had left his state job and went to work for the anti-union Liberty Justice Center, which helped represent Janus before the Supreme Court and whose entire “Workers’ Rights” platform consists of workers suing unions to recover fair-share fees. Janus was gone, fair-share fees in the public sector were gone, and unions became better at membership engagement such that they didn’t see the “free-rider” tidal wave that many had feared.

Now, Mark Janus is back before the Supreme Court, asking to make their 2018 decision retroactive, and force public sector unions to refund much of the fair-share fees they collected in recent years. If the Court agrees to hear the case and sides with Janus again, it could cost organized labor many millions of dollars. .............(more)

http://inthesetimes.com/working/entry/22589/Janus-labor-unions-supreme-court




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