Supreme Court will hear union fee case: Unions respond with anger

Justice Ruth Bader Ginsburg

The Trump administration's ability to win over the U.S. Supreme Court will be put to the test when the nine justices begin their new term on Monday with major cases awaiting on voting rights, religious liberty, union funding and class-action suits. In particular, he thinks union bargaining positions and union-backed politicians have made the state's budget and pension crisis worse, something that isn't good for the state or for union workers who would face layoffs or pensions shortfalls, he wrote.

The Supreme Court generally gives special deference to the views of the USA solicitor general, the federal government's top lawyer.

The case raises issues substantially identical to those in Friedrichs v. California Teachers Association.

"We're in federal court right now to make sure that states can have their local governments, counties and cities decide for themselves their labor regulations", Rauner said.

A decision to strike down the law would reverse a almost 40-year precedent that the court set in 1977 to permit the mandatory fees. Lawmakers will have an opportunity to try to override Rauner's veto when they return to Springfield in November, though it is unclear if they'll have the votes to do so.

Traditionally, labor unions in America - in both the public and private sectors - have been the "exclusive representatives" of the "bargaining units" that elected them.

Various members of the court's conservative bloc have been signaling in several decisions since 2012 that they would like to overrule Abood. If nonmembers are exempted from fair share fees, after all, they become "free riders"-benefiting from the union's negotiations without helping to fund them".

Teachers and other public employees are now eyeing the Supreme Court after it announced Thursday it will take on a case next summer that may have big repercussions for unions. In 2016, a suit brought by California teachers was nearly universally expected to produce a full-on reversal of the 1977 holding, but the death of Justice Antonin Scalia left the Court deadlocked 4-4 on the case, leaving a circuit court decision in favor of the union in place.

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"That will be a first for me in the almost 25 years I have served on the court", Ginsburg said at a Georgetown Law Center event on September 20.

Janus, who works for the Illinois Department of Healthcare and Family Services, said he objected to paying $44 a month to the American Federation of State, County and Municipal Employees. It said public workers who refuse to join a union can still be required to pay for bargaining costs, as long as the fees don't go toward political purposes.

Supreme Court Justice Neil Gorsuch on the steps of the Supreme Court on June 15.

Unions are required by law to bargain on behalf of every worker in a unionized shop, even if those workers opt not to join the union.

According to Fox, "The case has the potential to strike a financial blow against Democratic-leaning unions that represent government workers".

A clear ruling from the high court has the potential to seriously disrupt the underlying model for unions representing public workers.

However, the organizations representing Janus have said they intend to ask a new conservative-majority court to overturn the existing precedent first established in the Supreme Court's 1977 ruling in Abood v Detroit Board of Education, which had allowed the collection of the so-called "fair share" fees.

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