Janus vs. AFSCME, Council 31

The June 27th ruling of Janus v. AFCSME overturned a 40+ year precedent which required both member and nonmember public employees to pay dues to their respective trade union. Janus’ AFCSME, Council 31, collectively bargained on his behalf; however, he was apparently sorely displeased. This sort of ruling is unique in many ways. For one there is an issue of precedent, or stare decisis, where what was accepted as a lawful interpretation of the First Amendment in 1977 no longer stands. SCOTUSblog The second major affect is the livelihood of individuals who work for public entities that were able to win higher wages or benefits only because of successful union negotiations. Now unions can no longer compel dues from workers, nonunion or not, in any amount. If trade unions are unable to require funding, then they can’t function administratively. Because private sector jobs do not have the same protections as those that are public, private sector employee unions should continue unaffected. However, this isn’t an absolute guarantee. Municipal, county, and state employee unions’ negotiation protections are immediately affected. The entire capacity of all workers’ unions can come under unforeseen scrutiny as a ruling overturned after four decades is monumental. It seems likely that anything is on table in this conservative majority Supreme courtroom.  NY Times

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