SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
A look at what the Supreme Court could do in Harris v. Quinn

Friday, Jun 27, 2014

* Don Moss sent this out to his members. It’s a pretty good wrap-up, so check it out…

SUPREME COURT DECISION ON HARRIS V. QUINN EXPECTED MONDAY - What started as a relatively minor lawsuit by Pam Harris, a home based parent of a child with severe disabilities in McHenry, Illinois who was fighting an Executive Order by Governor Quinn that would allow for the unionization of parents caring for their children, has taken on major proportions that could affect public employee unions nationwide. As we previously indicated, there are three possible outcomes:

A. The Court could rule that family members can be unionized. If this happens, would those parents become state employees, entitled to collective bargaining, insurance and pensions?

B. The Court could block unionization of family members taking care of their children but do nothing else affecting existing state employees..

C. The Court could bar all government workers from involuntarily having to pay union dues if they choose not to do so–in effect a nationwide right-to-work law. This would be a major change that would affect public school teachers, firemen, police and other government workers on the local, county and state levels.

​We received the following message yesterday from Pam Harris:

    Dear Don,

    So you see, we will learn the Harris v Quinn decision on Monday shortly after 9 am. I have no idea why they are holding it to the last day of their term. It never entered my mind that this case would rocket to such importance.

    I am preparing a statement and will be sure to send it to you as soon as the decision is issued.

    People far smarter than I believe that Justice Alito has written the decision for the majority. This makes it slightly more probable that the decision will favor the Plaintiffs. : )

    But ​I​ have learned long ago that reading tea leaves is an exercise in futility.

    Come Monday, we will know. Then we can hopefully find a way to all move forward.

    With kind regards,

    Pam ​

Thoughts?

- Posted by Rich Miller        


20 Comments
  1. - George Washington - Friday, Jun 27, 14 @ 10:45 am:

    I was under the impression that these family members received a sizable raise after unionization. If so, sometimes people need to be careful what they wish for.


  2. - OneMan - Friday, Jun 27, 14 @ 10:47 am:

    If it is C, watch all hell break lose…


  3. - A guy... - Friday, Jun 27, 14 @ 10:51 am:

    Wait and see is the best policy here. Thanks Don Moss for the summary. You’re a pro’s pro.


  4. - Chi - Friday, Jun 27, 14 @ 10:51 am:

    If (C), Illinois could, should and probably will pass a law stating unions don’t have to represent folks that aren’t members. Florida is “right-to-work” but has a similar law. The legislature could go even farther and say non-members can receive a separate wage rate/salary.

    Both of these steps would minimize the still huge impact a ruling like (C) would have.


  5. - walker - Friday, Jun 27, 14 @ 10:53 am:

    Nice note from Pam. Humble, straightforward, courteous.

    Maybe I’m just jaded by what political types put out.


  6. - A guy... - Friday, Jun 27, 14 @ 11:04 am:

    Agreed, Walk.


  7. - Keyser Soze - Friday, Jun 27, 14 @ 11:05 am:

    Look for a narrowly focused decision favoring the plaintiff but not applicable to the larger groups, i.e., firemen, police, etc. Can’t see Alito rocking the boat too much.


  8. - Todd - Friday, Jun 27, 14 @ 11:19 am:

    The Court is not likely to make a huge change like a watered down right to work (for less) ruling. not what they have been doing. even though they tossed recess appointments, read what the judges said and set the 10 day limit and such. and there was a differance on that.

    My bet here, is that the Court will treat them as independant contractors and not subject to organizing under the Act.

    I don;t think they want to make some wort of Beck type or Moore-Drydock type decision. Look at the gun stuff. They take steps.

    Even if you look to the cell phone case, they made a simple and logical decision. want to look at it, get a warrant.

    Here they looking at a statute and the notion if the Union and the application of the statute. Under the streaming of ntwork news it was an interpretation of copyright and how far that goes.

    I thnk this will be more akin to that one.

    And i think the Unions overeached in this case. They have set up a possible new definition, or clarification on when individuals can fall under a collective bargaining unit and what it the appropriate “bargaining” unit. And I think this overreach is goign to cost them and others.


  9. - Todd - Friday, Jun 27, 14 @ 11:22 am:

    And Chi — Floridia’s law can’t apply to private sector workers and collective bargaining agreements as it is preempted by federal law. if they write in no dies fees or assesments, the union STILL has to represent them under FEDERAL law.

    That is what the Indiana suit is all about using the state constitution ona theft of services without compensation. Pending before the state supreme court.


  10. - Jimbo - Friday, Jun 27, 14 @ 11:22 am:

    The current SCOTUS is an activist court. I can’t see the four conservatives and Kennedy passing up a chance to legislate from the bench. I hope I’m wrong, but I think they’ll go with C.


  11. - Chi - Friday, Jun 27, 14 @ 11:37 am:

    Todd-

    I was speaking specifically re: public employees, as that is what Harris v. Quinn entails. I should have been clearer. The union rights for public employees come purely from state law, and so can be tailored without regard to the NLRA.


  12. - ILPundit - Friday, Jun 27, 14 @ 11:40 am:

    If Alito is writing the majority opinion, and the fact that they’ve held it until the final day of the court session, I’m inclined to predict we will be seeing some form of option C.


  13. - Chi - Friday, Jun 27, 14 @ 11:44 am:

    I have no doubt Alito wants to write some version of C, but I do have doubts he could find a majority willing to go that far with him.


  14. - Jimbo - Friday, Jun 27, 14 @ 11:48 am:

    ILPundit, wait, do we know that Alito is writing for the majority, or is that conjecture?


  15. - Jimbo - Friday, Jun 27, 14 @ 11:49 am:

    Nevermind, I should read better. It is just a rumor though.


  16. - Chi - Friday, Jun 27, 14 @ 11:50 am:

    The conventional wisdom says Alito will write it, because he is the only Justice who hasn’t yet issued an opinion from a case heard in January (Harris was heard in January, and the only January case yet to be decided).


  17. - Chi - Friday, Jun 27, 14 @ 11:50 am:

    Scotusblog says it is “almost certain” that Alito will write Harris because of this distribution of the workload.


  18. - bigdaddygeo - Friday, Jun 27, 14 @ 12:01 pm:

    I think Keyser is right. Kennedy won’t go along with anything that changes the status quo. I don’t think there is a big risk to employee unions. The growth and income for union members are in positions that have state licensing and bachelors or higher education requirements - public school teachers, urban planners, etc. Even if the ruling doesn’t require dues paying, the impact would be small. There isn’t a law that requires CPAs to pay dues to the Illinois Society of CPAs or an architect to pay dues to the Illinois Chapter of AIA. They do it because it is professionally in their interest.

    I think the bigger risk to organized labor is allowing non-traditional “workers” be represented. If a union can represent workers who don’t have regular hours, supervise their own work, provide their own tools and place of work, without a pension plan, or even a steward (how can a union give grievance counsel to a worker who is their own supervisor) then a union can represent what ordinary people call independent contractors. Those home health care workers can vote to decertify and form their own union. WashTech or Programmers Guild would be able to compete with CWA or SEIU for technology members and organize all of the 1099 computer guys CMS has been using for 20 years. And all the while, PQ and MM would be able to smile and say - look these are hard working union members.
    I think that change is the real risk to organized labor.


  19. - Pam Harris - Friday, Jun 27, 14 @ 3:46 pm:

    For the record, the case was filed to achieve B. and it remains my desired outcome. It is also, I think, the most likely.

    George - there are two of IL’s 9 Medicaid waivers involved in Harris v Quinn: Home Services and Home Based. Our son Josh participates in the Home Based waiver and it is not unionized. There was an election shortly after Governor Quinn signed the Executive Order and by 2:1, the unions lost the election. The Home Services program was unionized in 2003 by simple card-check. And although there has a wage increase, the participant criteria was subsequently changed to eliminate many participants and those who remained saw a decrease in their hours of support.


  20. - Grandson of Man - Friday, Jun 27, 14 @ 4:10 pm:

    “For the record, the case was filed to achieve B. and it remains my desired outcome. It is also, I think, the most likely.”

    I wish you success in that outcome. I agree that if a group of people voted to not join a union, as they did in Tennessee with the VW plant, then they should not be forced into a union. It is my understanding that it’s what happened with home healthcare folks.

    As a unionized public employee, I believe that for the rest of us who are already established in unions for which people vote in the majority, the status quo should stand. I hope fervently that this will be the outcome. I believe that because federal law mandates that all people in a unionized jobs must reap the benefits of union contacts, regardless of their opinions about unions, they should pay a fair share dues amount.

    I’m okay with the decision being a “win-win,” so to speak.


Sorry, comments for this post are now closed.


* Toby Keith, Buddy Guy, Boat Drink Caucus will play Rauner inauguration concert
* Question of the day
* Congress finally does something
* Two brief insights on new Kirk poll
* Today's number: $12.7 billion
* C'mon, man
* Unintentionally hilarious editorials
* *** UPDATED x2 - Emanuel retorts - Garcia responds *** Emanuel lashes out at opponents after Tribune runs critical red light cam stories
* Today's quotable
* Rauner's gonna miss JBT more than he may know
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * Lazy Swipe makes it easy to reach all your icons with one hand
        * Samsung’s got a new 5.5-inch Android in the works
        * Power Pen is a stylus, pen and battery charger in one
        * Apple issues NTP security update for OS X
        * Lumia 1320 successor rumored as major upgrade
        * Nokia’s Android tablet gets an ETA for very early 2015
        * ASUS teases dual camera setup for ZenFone, CES 2015 reveal

        * Best Parking Helps You Find Nearby Parking Options
        * This Video Debunks 10 Misconceptions About Things Around the House
        * 6 tech trends for 2015 that will change our future
        * Tunity Turns Your Phone Into a Wireless TV Audio Receiver
        * How to Tell People You're a Fan of Their Work (Without Being Creepy)
        * Deadspin The Scientology Christmas Catalog Is Totally Insane | Gizmodo North Korea's Internet Is Tot
        * Show Your Expertise with Stories, Not Statements

        * White Sox out of options 2015
        * Players rejuvenated by offseason maneuvers
        * AL Central looking like one powerhouse division
        * Digging into David Robertson's reverse splits
        * The year in injuries: White Sox have been better, could've been worse
        * Williams: Make protesting voices heard through vote
        * Williams: Make protesting voices heard through vote

        ...............


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        December 2014
        November 2014
        October 2014
        September 2014
        August 2014
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * Toby Keith to headline Bruce Rauner inauguratio.....
        * Country musician Toby Keith to headline Rauner'.....
        * Officials: Will County to soon allow 911 texting..
        * Three charged with string of burglaries in Arli.....
        * Bernard Stone, former Chicago alderman, dies at.....
        * Toby Keith to headline Rauner's inaugural concert..
        * Illinois Temporary Income Tax expires soon..
        * Quinn set to go to Maryland to visit soldiers..
        * Quinn departs for Maryland to visit soldiers..


        * Rain and snowstorms could greet holiday travelers
        * Illinois holiday travelers could see rain, snow
        * Nearly 100M expected to hit the road, head to airports
        * Toby Keith to headline Rauner's inaugural concert
        * O'Toole emerges to lead Illini in bowl season
        * Blagojevich brother: I was fed 'pawn' to get then-governor
        * Congressman urges completion of levee project
        * Report: Business linked to appointee saw CPS boost
        * Officials: Will County to soon allow 911 texting
        * Lake Shore Drive reopens after accident

        * Toby Keith to headline Rauner’s inaugural concert at PCCC
        * Blagojevich brother: I was used as ‘pawn’ to get then-governor
        * Raising juror pay gets mixed reviews
        * Gov. Quinn set to go to Maryland to visit soldiers
        * State treasurer employees get raises, stipends as Rutherford’s term comes to end
        * Springfield-based U.S. attorney’s investigations nab 13; race questions raised
        * 2nd Illinois prison with possible chickenpox
        * Quinn signs bill increasing juror pay
        * Quinn names longtime aide Jerry Stermer comptroller until Jan. 12
        * Quinn signs law to nix deadline for asbestos lawsuits

        * Former Chicago alderman Bernie Stone dies
        * Caterpillar looking at deals, has 'lots’ of capital
        * Can one person run long frieght trains alone? Railroad execs say yes
        * Can one person run long freight trains alone? Railroad execs say yes
        * Tribune sells land holding Baltimore Sun printing facility


        * Lakeview pot dispensary on hold; Tunney opposes Halsted location
        * Despite community pleas, CPS puts Dyett HS out for proposals
        * Quinn to appoint new Illinois Comptroller today
        * Gov. Quinn appoints longtime aide as Illinois comptroller
        * Watch: President Obama's year-end press conference
        * Rewriting the Sony cyberattack script
        * time for new course in Cuba
        * Are Rahm's numbers creeping up? New internals show him near 50
        * Obama guidance, press schedule, Dec. 19, 2014. Press conference
        * A whole lot of nothing from the City Council


        * Toby Keith to headline Bruce Rauner inauguration concert
        * Former Chicago Alderman Bernie Stone dead at 87
        * Ex-PTA leader admits stealing from Arlington Heights group, gets probation
        * Hinsdale Central teacher resigns after inappropriate communication
        * Teen killed in Southwest Side shooting
        * 8 taken into custody in Far North Side barricade incident
        * Apple Store in Naperville reports $10,000 in merchandise stolen
        * Police arrest 3 teens in Arlington Heights burglaries
        * No charges against ex-cop in fatal Milwaukee shooting of mentally ill man
        * Lake Shore Drive reopened after deadly wrong-way crash


        * Toby Keith, Buddy Guy To Play Governor's Inaugural Concert
        * StoryCorps: Bilingual pre-school teacher describes the state of education in Chicago
        * Long-serving Alderman Berny Stone dies at 87
        * Report Faults State For Closing Women's Prison
        * WUIS-SJR Business Report The End of Times For Bel-Aire Motel
        * Local Book Club Provides Camaraderie For Vets
        * Agencies To Ask For More, Rauner Says ... Without Giving An Opinion On If They Deserve It Or Not
        * Rauner Favors Merging Comptroller, Treasurer. Just Not Now.
        * Rauner Named Nation's Most Influential Pension Figure
        * Sangamon Auditorium: Beware Second Party Ticket Brokers


        * Toby Keith to headline Rauner’s inaugural concert at PCCC
        * Blagojevich brother: I was used as ‘pawn’ to get then-governor
        * Quote of the day: Monday, Dec. 22, 2014
        * Raising juror pay gets mixed reviews
        * Gov. Quinn set to go to Maryland to visit soldiers
        * Quote of the day: Sunday, Dec. 21, 2014
        * Bernard Schoenburg: Rauner talks of dogs, housing and the work ahead as governor
        * State treasurer employees get raises, stipends as Rutherford’s term comes to end
        * Cathy Becker: Because it’s the right thing to do
        * T. Ray McJunkins: Justice, righteousness descend to fulfill dream


        * Murphysboro duo make their childhood dreams a reality
        * Upcoming Services
        * Danville credit union robbed
        * Pack up the family and go 'Home for the Holidays'
        * Dr. Juan Jimenez 12-22-14
        * Man’s body found at Waterloo elementary school during class
        * Former Johnston City firefighter accused of sex crimes involving a minor pleads not guilty
        * Former Johnston City firefighter pleads not guilty to sex crimes
        * Counting down the Top 10: No. 9
        * Champaign police investigating fatal shooting


        * AP top news in Iowa at 3:58 p.m. CST
        * AFCA Division III Coaches Poll
        * AFCA Division II Coaches Poll
        * Benny Ausberry dies at 81
        * British singer Joe Cocker dies of lung cancer

        * Congressman Mum on Illinois Senate Race
        * Sen. Kirk to seek re-election 'come hell o...
        * Democratic War On Women Becomes A Friendly...
        * John Boehner Will Take Up Tim Walz's and J...
        * Disability system for veterans strays far ...
        * Kinzinger's competitive manufacturing bill...
        * Tammy Duckworth
        * DeLauro Slammed Door On Duckworth, Principles
        * Jon Stewart Slams “Politically Craven” Nan...
        * Tag Archives: Tammy Duckworth

        * Report: Steyer, Bloomberg Topped List of 2......
        * Education Dept. OKs Sale of Failing For-Pr......

        * Illinois lawmakers welcome new law to help......
        * Lipinski, Kirk discuss manufacturing bill ......
        * Senator Demands a Sony Hack Hearing...

        * Bi-Partisan lawmakers tropical trio to rock at Rauner inauguration
        * Rev. Dean Nelson Interview [video]
        * 24 Hours To Vote For Either Uptown or Streeterville
        * Police Still Looking For Owners of Stolen Property
        * The [Wednesday] Papers
        * Fire-Damaged Vintage Home Rises From The Ashes
        * The [Monday] Papers
        * Stolen Bike BOLO
        * Free Fitness Week @ Park District To Kick Off 2015
        * Rahm privatizes.


        * IDHR Reminder: Law Protecting the Rights of Pregnant Women in Illinois Takes Effect January 1st
        * Governor Quinn Departs for Annual Trip to Visit Wounded Servicemembers - Will Deliver Holiday Cards to Servicemembers on Monday; Encourages People to Donate Miles and Help Reunite Servicemembers with Families
        * Governor Quinn Appoints Jerry Stermer as Illinois Comptroller
        * Governor Quinn Recognizes First Program to Help Military Veterans Use their Training to Achieve a Nursing Degree - Bridge Program at Joliet Junior College Could Help Veterans Save Dozens of Credit Hours and Thousands in Tuition and Fees
        * Governor Quinn Calls Legislative Special Session - Governor Urges Legislature to Set Up 2016 Special Election for Comptroller




            Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller