Illinois State employee Mark Janus argued that forcing him to subsidize union positions that he disapproves of violates his First Amendment rights . (Photo: Liberty Justice Center)

Washington US Supreme Court said Wednesday the mandatory fees that some government employees must pay to their unions for negotiating their contracts are an unconstitutional violation of the freedom of # 39; s expression.

Judge Samuel Alito's decision 5-4 stated that such fees violated First Amendment rights of non-union members "by forcing them to subsidize private speeches on matters that were not dealt with by members of Parliament. substantial public interest. "

The decision threatens a potentially significant blow to the power and size of public-employee unions, which depend in part on the revenues from these fees.

The decision turns public sector unions into essentially voluntary organizations in states without provisions on the right to work, as some workers choose to stop paying.

The majority opinion holds that employees must pay their wages. In other words, employees must opt, rather than refuse to pay

The decision overrules a 40-year-old precedent in a Michigan case known as Abood v. Detroit Board of Education, which unanimously confirmed the mandatory public sector union fees, also called agency fees, in 1977.

The Abood court found that the government had interest in promoting "labor peace" and preventing free riders.

But Alito wrote that "Abood was" poorly reasoned "and led to" practical problems and abuses. "

"It is inconsistent with other First Amendment cases and has been undermined by more recent decisions."

In a dissenting opinion, Judge Elena Kagan stated that the decision would have "far-reaching consequences".

"Public employee unions will lose a secure source of financial support," writes Kagan.

A native of Detroit, Mary Kay Henry, president of the International Union of Service Employees, described this decision as the latest in a decades-long attack on unions by interests.

"We will not let the extremists behind this affair divide us r ", said Henry during a call with reporters. "Today's decision makes SEIU members even more determined to stay together."

United Auto Workers president, Gary Jones, characterized this decision as "fair" another hurdle and another attack on the workers. "

takes away the powerful voice that members of the UAW and other unions offer when they sit down at work. at the other end of the table and bargain collectively for their families, their safety and their communities, "Jones said in a statement

unions to collect non-member fees for their work related to collective bargaining and Contract administration, but not for the political activities of the union.

Mark Janus, employee of Illinois, asked the judges to overthrow Abood, disagreeing with violating his rights First Amendment. [19659006] His lawyers claimed that the Negotiating unions with the government is a political speech no different They also argued that "Abood is" impractical ", in part because of the difficulties in distinguishing between policy-related activities – for which fees may not be required – and activities related to collective bargaining, which can be imputed.

Michigan and several other states side with Janus, highlighting municipal bankruptcies such as Detroit where benefits for public employees have played a role. They argued that collective bargaining affects taxpayers' portfolios.

Employees do not usually have to pay agency fees in Michigan or the other 26 states with right to work laws. exempted under Michigan law. "We are no longer exempt from this decision, but we are disappointed," said Mark Docherty, president of the Michigan Professional Fire Fighters Union

He said it remains to be seen how the change could affect revenues or the membership of his organization. , which is about 5000.

"It will be an impact, of course, because that's what the right to work is meant to do – weaken the unions, but the firefighters stand together" , said Docherty

"Very, very few are outside the US so we do not have a lot of paying agency fees currently, which is not to say that we will not see more than $ 50. withdrawal options and we will not pay anything. "

Tom Leonard, R-DeWitt, praised the High Court's ruling, saying that" no one should be forced to join a political group against his will. "[19659006] "Michigan is a State of Right to Work because every man and woman deserves a chance to find" People all across the country will now have the same opportunity to make their own decisions and chart the path to their own future, little the political activities they lead. they support. "

Gary Glenn State Representative, R-Williams Township, also applauded t He has already lobbied to eliminate Michigan's exemption for firefighters and police from the law on the right to

"To leave their rights to freedom of speech and conscience without protection under the Michigan Right to Work Act was an unacceptable omission that was corrected by the United States Supreme Court, just "The US Federation of State, County and Municipal Employees (AFSCME) argued that agency fees ensure that all workers covered by a collective agreement pay their fair share of the cost of labor. The Janus victory could undermine union treasuries and lead to free-riding, where employees would withdraw but would still benefit from union bargaining for better bargaining. wing, health care and workplace protection.

The leaders of several of the country's largest public sectors The unions said Wednesday that they have prepared their local affiliates for a reduction in revenue from agency fees and that they are proceeding with necessary budgetary adjustments. But they hope their unions will survive.

"We all badume that there will be a decline, but not the existential and draconian threat that the right has attempted to make when it started this fight years ago," said Randi Weingarten. President of the American Federation of Teachers, on a call with reporters.

"We know that they had to go to court – case after case – they know that, organically, people will not leave the unions."

Larsing-based AFRSH Council 25 denounced Wednesday's decision, but President Lawrence A. Roehrig said that "no lawsuit can stop our move."

"Corporate interests and the right-wing media will use this case The Michigan unions continue to add tens of thousands of new members every year," said Mr. Roehrig.Late Saunders, National President of the United States. AFSCME acknowledged that his organization could see a loss of revenue but said that the leaders were working internally to communicate with members and non-members and "strengthen" themselves by giving priority to their interests [19659006"WewillcontinuetobedynamicwewillcontinuetobeaggressiveWewillcontinuetomakeastrongcommitmenttomeettheneedsofourmembersbutalsotheneedsofworkingfamiliesacrossthecountry""WewillusetheJanusaffairtobetterengageourmembersandcreateaunifiedfrontagainsttheforcesthatchoosetoopposebettersecurity"hesaidForexampleKatharineOStrunkwhoteacheseducationpolicyatMichiganStateUniversitysaidthatthereisnoquestionthatThepublicsectorliketeachers'unionswillseetheircontributionsandcontributionsdropaswellastheirabilitytoinfluencepoliciesInMichiganforexamplethereductioninthenumberofmembersoftheNationalAssociationofEducationhasacceleratedaftertheentryintoforceoftheRighttoWorkActin2013risingfromabout115000to95000in2016

This outpaced a decrease in the number of teachers currently undergoing due to declining enrollments across the state, said Strunk.

"What I think is less discussed, but very important to remember, is that the unions will adapt," Strunk said.

"Unions will be hit hard at all levels and will have less money to spread, whether to help locals or influence national politics, but there is a lot of hysteria that it will destroy the unions, I do not think that will happen. "

[email protected]

Read or share this story: https://detne.ws/2yTyWgq