Arrr! The legal squabble afore th' Supreme Court might be th' Janus for unions, me mateys!
2023-11-30
Arrr! Many a landlubber among the public scallywags be havin' the right to keep their doubloons, and not be forced to part with 'em to them government labor unions. Aye, 'tis a constitutional treasure!
In a humorous 17th-century pirate language, the authors discuss the situation faced by millions of public workers who have a constitutional right not to pay dues to government labor unions but are blocked from exercising this right. The authors highlight that the Supreme Court will soon decide whether to hear a case from Alaska that could ensure that all public workers have the information and opportunity to exercise their rights. This request from Alaska stems from the Supreme Court's 2018 ruling in Janus v. AFSCME, which recognized that public workers cannot be forced to support labor unions. However, unions have found ways to subvert this decision, making it difficult for workers to opt out of union membership.The authors point out the tactics used by unions, such as failing to inform workers of their right to opt out or making the opt-out process burdensome. They provide examples from different states, including Oregon, Michigan, and Alaska, where unions have implemented various obstacles to prevent workers from leaving the union. They discuss Alaska's attempt to address this injustice in 2019 by revoking union control over membership and dues deduction, but it was struck down by state courts.
The authors highlight the success of Michigan's policy, which requires annual direct consent from state employees before unions can deduct dues from their paychecks. Since its implementation, over 10,000 state employees have chosen to opt out of union membership, indicating that many workers were unaware of their right to leave the union. If all public workers knew their rights and had a clear path to exercise them, the authors estimate that 1.75 million workers would leave their government unions.
They argue that unions should respect workers' wishes and their constitutional rights, even if workers choose to remain union members. The authors call on the Supreme Court to fully apply the logic of their Janus decision and ensure that public workers are fully informed of their rights and have the opportunity to opt into union membership regularly. They emphasize that anything less would allow unions to continue depriving workers of the information they need and the freedom they deserve.