A $45 monthly fee could end up costing big labor billions. Public unions are getting nervous, while those who don’t like how they operate are claiming the free lunch may be over soon.
An explosive case regarding government employees and the First Amendment that the Supreme Court will hear on Feb. 26 could redefine the relationship between public unions and workers.
Petitioner Mark Janus works at the Illinois Department of Healthcare and Family Services and didn’t like that a certain amount was deducted from his paycheck — he didn’t believe he should be forced to pay union dues or fees just to be allowed to work for the state. He didn’t agree with the 1.3 million-member AFSCME union’s politics, and so believed, under the First Amendment, he couldn’t be forced to contribute.
In his court filing, Janus quotes Thomas Jefferson, who said to “compel a man to furnish contribution of money for the propagation of opinions which he disbelieves, is sinful and tyrannical.”
The 7th Circuit Court of Appeals rejected Janus’ argument, and the Supreme Court agreed to hear his appeal.
If the Supreme Court finds for Janus, it could have a major effect on labor unions. Without compulsory fees, union funding could decrease precipitously. States might attempt workarounds — paying employees less rather than deducting from their paychecks, and passing along the savings to unions — but that sort of thing could be politically difficult to pull off.
“The merits of the case, and 40 years of Supreme Court precedent and sound law, are on our side,” says Lee Saunders, president of AFSCME.
For Saunders, strong unions are important because they offer “the strength in numbers [workers] need to fight for the freedoms they deserve,” such as health care and retirement plans.
