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Janus wins

Wednesday, Jun 27, 2018 - Posted by Rich Miller

* As expected…

More in a bit.


  1. - OneMan - Wednesday, Jun 27, 18 @ 9:08 am:

    We at least the Governor can come back to Illinois now

  2. - Ole General - Wednesday, Jun 27, 18 @ 9:09 am:

    It’s a step. An important one, but just one step.

  3. - Texas Red - Wednesday, Jun 27, 18 @ 9:10 am:

    JUSTICE ALITO delivered the opinion of the Court.
    Under Illinois law, public employees are forced to subsidize
    a union, even if they choose not to join and strongly
    object to the positions the union takes in collective bargaining
    and related activities. We conclude that this
    arrangement violates the free speech rights of nonmembers
    by compelling them to subsidize private speech on
    matters of substantial public concern

  4. - The Dude Abides - Wednesday, Jun 27, 18 @ 9:13 am:

    It will be interesting to hear the details. I would hope that the court will address whether the Unions will have to continue to negotiate for workers who refuse to join the Union or pay dues.

  5. - anonymous - Wednesday, Jun 27, 18 @ 9:13 am:

    Alito opens with,”Abood was poorly reasoned. It has led to practical problems and abuse. It is inconsistent with other First Amendment cases and has been undermined by more recent decisions.”

  6. - Grandson of Man - Wednesday, Jun 27, 18 @ 9:13 am:


    What is more worrisome than losing fair share feepayers is losing exclusive representation. If someone like Rauner can bribe people not covered by unions with higher pay and benefits, that could spread to union members. Now the non-members must abide by what the unions negotiate—if I understand correctly.

    Bruce Rauner will be a hero to many but the opposite to many. The question is who will prevail in November and in other elections.

  7. - Norseman - Wednesday, Jun 27, 18 @ 9:14 am:

    Rauner got his press pop for being lucky. It’s laughable seeing all the union haters praise Rauner for an action that was foreordained prior to the Janus case was filed.

    Now it’s up to AFSCME to work harder on membership recruitment.

  8. - Oswego Willy - Wednesday, Jun 27, 18 @ 9:15 am:

    Hope Pat Quinn learned his lesson by now.

  9. - Norseman - Wednesday, Jun 27, 18 @ 9:15 am:

    === We at least the Governor can come back to Illinois now ===

    Yes, and his campaign fund should be charged for the cost of this purely political trip.

  10. - Robert the 1st - Wednesday, Jun 27, 18 @ 9:16 am:

    =whether the Unions will have to continue to negotiate=

    Looks like yes.

  11. - Arsenal - Wednesday, Jun 27, 18 @ 9:17 am:

    ==Yes, and his campaign fund should be charged for the cost of this purely political trip.==

    Pretty sure he paid out of pocket.

  12. - Chris Widger - Wednesday, Jun 27, 18 @ 9:17 am:

    ==Yes, and his campaign fund should be charged for the cost of this purely political trip.==

    I don’t know whether it’s true, but Rich has suggested a couple times now that Rauner paid for this trip out-of-pocket.

  13. - Trapped in the ‘burbs - Wednesday, Jun 27, 18 @ 9:18 am:

    I wonder if Rauner still thinks all judges are corrupt or is it just all Illinois judges.

  14. - Mike Cirrincione - Wednesday, Jun 27, 18 @ 9:18 am:

    Janus is finally free from that mean old union negotiating better pay and benefits. Why didn’t he just take a job as a greeter at a big box if it was so reprehensible?

  15. - wordslinger - Wednesday, Jun 27, 18 @ 9:20 am:

    Finally, Rauner can get his TV pop.

  16. - TServo - Wednesday, Jun 27, 18 @ 9:20 am:

    So is it a done deal or does it go back to lower court?

    ===Cite as: 585 U. S. ____ (2018)
    Opinion of the Court
    was wrongly decided and is now overruled. The
    judgment of the United States Court of Appeals for the
    Seventh Circuit is reversed, and the case is remanded for
    further proceedings consistent with this opinion.
    It is so ordered. ===

  17. - DaleyMail - Wednesday, Jun 27, 18 @ 9:21 am:

    Pretty simple: any worker who opts out of paying dues shouldn’t have their contract negotiated via-collective bargaining.

  18. - Demoralized - Wednesday, Jun 27, 18 @ 9:27 am:

    ==So is it a done deal or does it go back to lower court?==

    Goes back to the lower court for them to issue an order.

  19. - Simply Dense - Wednesday, Jun 27, 18 @ 9:31 am:

    = I would hope that the court will address whether the Unions will have to continue to negotiate for workers who refuse to join the Union or pay dues.=

    =Pretty simple: any worker who opts out of paying dues shouldn’t have their contract negotiated via-collective bargaining.=

    You both need to take a minute to at least read the summary before you play judge for the morning.
    The decision said that the the union is still obligated to represent non-payers.

  20. - Skeptic - Wednesday, Jun 27, 18 @ 9:31 am:

    “Pretty simple..” Rule #243: When someone says “Pretty simple” or “all you have to do is…” or “simply a matter of…” it rarely is simple.

  21. - HL Mencken - Wednesday, Jun 27, 18 @ 9:32 am:

    I am old enought to remember when conservatives thought judicial activism was a terrible thing. Keep in mind the court has simply said “opt outs are now allowed. The rest will be up to the state. There are many plans across the country. There certainly will be more struggles along the way. The end result may be simple. The union will negotiate for its members. The rest might be on their own. But the state would probably say, we will give everyone what the union wins in negotiations. We shall see.

  22. - Demoralized - Wednesday, Jun 27, 18 @ 9:34 am:

    ==I would hope that the court will address whether the Unions will have to continue to negotiate for workers who refuse to join the Union or pay dues==

    They did. And they do have to represent them. The law will have to be changed or a case brought to ask that representation ends.

  23. - cdog - Wednesday, Jun 27, 18 @ 9:35 am:

    Another shocker from Alito,

    “…the nonmembers were told that they had to pay for “lobbying,”
    “social and recreational activities,”
    “membership meetings and conventions,” and
    as well as other unspecified “services” that “may ultimately inure to the benefit of the members of the local bargaining unit.”… The total chargeable amount for nonmembers was 78.06% of full union dues.”

    Of course none of that has been political, in the 40 years since Abood.

  24. - City Zen - Wednesday, Jun 27, 18 @ 9:37 am:

    Queue the AFSCME-SEIU merger in 3-2-1…

  25. - Anonymous - Wednesday, Jun 27, 18 @ 9:41 am:

    - Mittuns - Wednesday, Jun 27, 18 @ 9:17 am:

    Liam, you are not even trying to understand the case

  26. - Honeybear - Wednesday, Jun 27, 18 @ 9:43 am:

    It’s game time
    It’s all up to frontline stewards like me.
    We’ve been trained
    We’ve been preparing
    We’re ready
    One on one fight for every member
    Good practice
    For November
    Bring it on.

  27. - Honeybear - Wednesday, Jun 27, 18 @ 9:48 am:

    For my part I will represent all members and non members willingly.
    No better way to get someone to join
    Than to be there when they need you
    I will have to adjust to being big about it.
    there will be a lot of folks who will have to learn the hard way why you need the union
    I’m confident though

  28. - Texas Red - Wednesday, Jun 27, 18 @ 9:52 am:

    Unions can negotiate all they want, but they can’t keep so called “free riders” out of any concessions won. The key language below particularity the words “nonconsenting” and “affirmatively” should help..

    For these reasons, States and public-sector unions may no longer extract agency fees from nonconsenting employees. The First Amendment is violated when money is taken from nonconsenting employees for a public-sector union; employees must choose to support the union before anything is taken from them. Accordingly, neither an agency fee nor any other form of payment to a public-sector union may be deducted from an employee, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay.

  29. - Cailleach - Wednesday, Jun 27, 18 @ 9:59 am:

    Honeybear is right. A lot of people have forgotten the history, what the workplace was like before unions.

  30. - My wallet's gone! My wallet's gone! - Wednesday, Jun 27, 18 @ 10:04 am:

    Goodness, people. Don’t act like there wasn’t a viable constitutional argument on the winning side of this Both sides of the case had a certain moral high ground here, and the timing of WHEN it came up to the Supreme Court certainly an effect on the outcome…as it has in many cases over the past century.

    I honestly don’t have a dog in this hunt, but sheesh; many of you are making it sound as if the primordial forces of the universe have been disrupted by an evil overlord. If you can’t understand that this case could have gone either way even before Gorsuch joined the Court, you’re living in a dream

    I’ll shut up now and take my lumps.

  31. - Mike Cirrincione - Wednesday, Jun 27, 18 @ 10:04 am:

    And I wonder…..

    - A customer of a big corporation using this customers dollars to plead in court to take away an employees right to sue sand force arbitration. Sure seems like a First Amendment issue for the courts to decide.

    - A Sincerely Held Religious Belief (someone who is Pro Life, for the Whole Life) that opposes tax dollars being used to fund the War Departnent.

  32. - Dr. M - Wednesday, Jun 27, 18 @ 10:24 am:

    This was inevitable. Public employee unions must work much harder to demonstrate their relevance. If they do, those who choose to remain in the union will be more committed, vocal, and active. Unions are monetarily strengthened by the assessment of fair share fees, but in my opinion it politically weakens them because they can always be criticized as “forcing” workers to contribute to a cause (i.e. the Democratic Party) they don’t support. This weakens the labor movement in the eyes of the general public, most of whom work in professions where unionization is impractical, unnecessary, or impossible.

    I’m a union member and come from a labor-connected household. I’ve seen the benefits of union membership firsthand. But the dues-for-service model is rendered weak by the passivity it breeds. Unions are effective when workers identify with, support, and utilize the union to affect change. They also need to win the “hearts and minds” of voters outside of the union. This is especially true with regard to public sector unions, as taxpayers think of themselves as paying the bill for their members salaries and benefits. This means being politically active and putting boots on the ground to place direct pressure on employers, lawmakers, media, and the public when you aren’t being properly treated of compensated.

    The decision forces unions to alter their strategy. It also has the potential to galvanize labor opposition to Rauner and mobilize it in support of JB in spite of his negatives. Ideologically, it’s fraught. But politically, it is necessary.

  33. - Anonymous - Wednesday, Jun 27, 18 @ 10:47 am:

    I’m shocked that in his tweets about Janus, Bruce didn’t thank Murashko for filing the initial case. Shocked, I tell you. /snark

  34. - wordslinger - Wednesday, Jun 27, 18 @ 11:17 am:

    =whether the Unions will have to continue to negotiate=

    Looks like yes.–

    In the private and public sectors, Rauner has always been about not paying for services rendered.

  35. - walker - Wednesday, Jun 27, 18 @ 11:52 am:

    This is in no way some kind of “accomplishment” by our Governor. So sad that he must play it that way. lacking anything else.

  36. - Glenn - Wednesday, Jun 27, 18 @ 11:53 am:

    Unions will have to defend non-union members because a poorly represented worker who loses a case will have implications for the entire union membership.

  37. - Honeybear - Wednesday, Jun 27, 18 @ 12:08 pm:

    My wallets gone- we are going nuts
    But here’s why
    If they get enough of us to leave a bargaining unit
    They could decertify the union.
    If they decertify it
    Then nothing can stop the employer from saying
    Your job gets paid x now
    And no benefits or grievance process
    If I’ve worked my whole career at a job
    And I suddenly get my salary cut to what I made in year one,
    You can see why that gets people jacked up
    Is there a single government employer out there
    We could trust not to do that?
    Remember local and state governments
    Are controlled mostly by Republicans
    There’s the game

Sorry, comments for this post are now closed.

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