Harris v. Quinn - Unions have NOT been busted, the Court has a very narrow decision. [View all]
Last edited Mon Jun 30, 2014, 11:13 AM - Edit history (1)
(Edit: As narrow as this is, I am very worried about the breadth of the contraception case....)
The personal care assistants are said by the court majority to be "quasi public sector employees, partial public or plain private employees", and the ruling applies only to such people.
They have been classified by the majority essentially as contractors, with contract law applying, not public sector law....
It is a very narrow decision, it does not effect private sector employees or clearly defined public sector employees.
Like the decision regarding buffer zones at abortion clinics,the majority decision applicable in the real world is not as severe as the first hour hair on fire media always makes it out to be.
The Court of Appeal decision is revered, in part, and affirmed in part.
The court rejected the argument that unions in general are unconstitutional or dues are not collectible if the employees are actual public sector workers. It does not effect private industry unions, best I can tell.
Aboode is upheld, though the majority "took potshots at it"' as stated by the minority.
I wish I could copy parts of the PDF document, but I can not.
A wait for a few hours for legal experts to weigh in, rather than the usual talking heads, would be good.
I point to page 27 in particular.
http://www.supremecourt.gov/opinions/13pdf/11-681_j426.pdf
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