Capitol Fax.com - Your Illinois News Radar » *** UPDATED x1 - AFSCME responds *** Janus files union dues refund appeal
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
*** UPDATED x1 - AFSCME responds *** Janus files union dues refund appeal

Friday, Sep 20, 2019

* Center Square

The former state of Illinois employee who successfully challenged the payment of forced union dues by public workers was back in federal court Friday to ask a judge to force his former union to return about $3,000 in dues he paid while working for the state in a case that could have wider implications for public workers nationwide.

Last year, the U.S. Supreme Court ruled that requiring state employees to pay union dues was a violation of Mark Janus’ First Amendment rights.

The former state child support specialist was in federal court Friday in Chicago seeking reimbursement for some of the union dues he previously paid.

“it’s just a simple matter of, they took the money and I want it back. That’s all there is to it.” Janus said comments outside of a federal courtroom in Chicago.

In court, Janus’ legal team argued that the dues were collected illegally and that he was entitled to receive about $3,000 back from the American Federation of State, County and Municipal Employees’ Union.

Earlier this year, a federal judge ruled that Janus was not entitled to the dues collected while he was contesting paying them to AFSCME. On appeal, Janus’ lawyer, Bill Messenger, attorney at the National Right to Work Legal Defense Foundation, argued that the money was collected illegally. […]

Diana Rickert, vice president of the Liberty Justice Center, said a favorable ruling could cost public employee unions about $100 million to $150 million dollars. She said the legal process could take years to play out.

*** UPDATE *** AFSCME Council 31…

Courts have repeatedly ruled in this and similar cases that in setting fees for representation provided to non-members, AFSCME acted in good faith based on a US Supreme Court ruling in place since 1977 and repeatedly affirmed in the ensuing decades. When the 2018 Supreme Court ruling overturned that previous decision, AFSCME immediately halted all fees. Consequently we have a very strong case, which we made to the appellate panel today.

Mark Janus received wage increases, health insurance coverage, vacation time and other benefits that the union negotiated during his tenure in state government. He never once failed to accept such improvements in his working conditions, nor did he ever object to paying the related fees—until he became the plaintiff in Bruce Rauner’s court case against AFSCME. This prolonged litigation is nothing but another political attack on working people, and on Janus’s part, a greedy grab for more.

- Posted by Rich Miller        

18 Comments
  1. - Steve - Friday, Sep 20, 19 @ 2:41 pm:

    It’s time for some people to pay up. That’s what happens when you win in front of the U.S. Supreme Court.


  2. - The Dude Abides - Friday, Sep 20, 19 @ 2:48 pm:

    I don’t think this appeal is going anywhere but you never know.


  3. - Kippax Blue - Friday, Sep 20, 19 @ 3:01 pm:

    Of course, this guy wants to keep the raises The Union negotiated on his behalf. What a hypocrite.


  4. - Three Dimensional Checkers - Friday, Sep 20, 19 @ 3:07 pm:

    The question is whether 42 U.S.C. Sec. 1983’s “color of state law” provision would apply to unions collecting fair share fees under state laws, giving the federal courts jurisdiction to hear the claims. I would not court out this Supreme Court ruling in the affirmative on this question.


  5. - Anonymous - Friday, Sep 20, 19 @ 3:11 pm:

    At the time the fees were collected the SCOTUS decision in Abood was controlling and under that decision fair share fees were legal. This seems frivolous.


  6. - Ano - Friday, Sep 20, 19 @ 3:28 pm:

    Going forward, any new hire must sign a legal understanding that they are working for a job where wages and benefits are negotiated by a union.
    Given that they will be the recipients of those benefits, negotiated by the union, they need to pay dues. If the new hire has a problem with that, find a non-unionized job.


  7. - City Zen - Friday, Sep 20, 19 @ 3:31 pm:

    ==Given that they will be the recipients of those benefits, negotiated by the union, they need to pay dues.==

    No they don’t, unless AFSCME would like to forego their exclusive bargaining rights. AFSCME could have done this at any time and rid themselves of those freeloading non-members. What are they waiting for?

    ==If the new hire has a problem with that, find a non-unionized job.==

    That new hire works for the state, not the union.


  8. - Publius - Friday, Sep 20, 19 @ 3:34 pm:

    So if this case prevails will that State then decide that since the law now is a flat tax of 4.95% the people of Illinois owe the State money for all those years they only paid 3% ?


  9. - RNUG - Friday, Sep 20, 19 @ 3:40 pm:

    It could go either way, but my guess is he will only recover anything paid after he initially filed suit.


  10. - Cronish - Friday, Sep 20, 19 @ 3:41 pm:

    Publius, I guess state government could pass a bill to retroactively raise the income tax as you mention. I bet taxpayers would love that.


  11. - Oswego Willy - Friday, Sep 20, 19 @ 3:43 pm:

    ===I guess state government could pass a bill to retroactively raise the income tax as you mention. I bet taxpayers would love that.====

    Considering there aren’t the votes and Pritzker won’t sign it your trolling continues


  12. - Grandson of Man - Friday, Sep 20, 19 @ 3:46 pm:

    “That new hire works for the state, not the union.”

    The state recognizes AFSCME as the sole, exclusive bargaining representative.


  13. - Steve - Friday, Sep 20, 19 @ 3:53 pm:

    - Grandson of Man -

    The night is young. Janus is just the beginning at chipping away at post -1937 precedents . Some of the Wagner Act might be challenged with a future change in the U.S. Supreme Court. At least that’s the plan of some in the Federalist Society.


  14. - Oswego Willy - Friday, Sep 20, 19 @ 3:55 pm:

    Given the rulings now that we see on appeal, I don’t know l, but I’d think the odds are against, but that is not a call that’s clear.


  15. - City Zen - Friday, Sep 20, 19 @ 4:18 pm:

    ==The state recognizes AFSCME as the sole, exclusive bargaining representative.==

    Indeed. Part of that faustian bargain is that the union must represent everyone. It must be a good deal for AFSCME, no? Otherwise, why put up with it all these decades?

    Still doesn’t change the fact that new hire is an employee of the state, not the union. Unless AFSCME wants to pay his salary.


  16. - SSL - Friday, Sep 20, 19 @ 4:20 pm:

    The unions were playing by the rules until Janus won. I don’t see the court doing anything retro active. Doesn’t seem right or possible to execute. A big mess better left alone.


  17. - ajjacksson - Friday, Sep 20, 19 @ 4:44 pm:

    City Zen, you might be correct in all you say. That does not diminish the fact that this is a clear attack on unions by the wealthy. The ultimate goal is to diminish the wages of working people.


  18. - Grandson of Man - Friday, Sep 20, 19 @ 4:47 pm:

    “Janus is just the beginning at chipping away at post -1937 precedents”

    You can’t kill ideas and success. It’s very clear, and the IPI admits this, that unions benefit workers. Rauner and Janus are poster children for the benefits of unions—Rauner whose income skyrocketed to hundreds of millions of dollars while he was trying to slash state workers and bust unions, and Janus, who joined the IPI right after winning his case for a job he supposedly loved.


TrackBack URI

Sorry, comments for this post are now closed.


* Reader comments closed for the weekend
* SUBSCRIBERS ONLY - Fundraiser list
* *** UPDATED x1 *** Lightfoot again says she'll have to raise property taxes unless Springfield helps
* *** UPDATED x1 *** WBEZ: Feds raid Jay Doherty's City Club office, John Hooker cut loose as Kasper lobbyist
* East St. Louis closes fire house, lays off firefighters to help make pension payments
* Question of the day
* “The number of defendants would be many more”
* CTU strike bits and pieces
* Today's corruption roundup
* I think they call this a "meta" post
* Lightfoot unveils congestion tax
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* *** LIVE COVERAGE ***
* IPPFA wants to spend $480K on lobbyists to stop Pritzker consolidation
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

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

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

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

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

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


Loading


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

Archives
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
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




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