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The next step after Janus

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Illinois

Within hours after the high court’s Republican majority applied Janus’s argument to all government workers, a conservative advocacy group called the Buckeye Institute sued on behalf of an Ohio teacher named Jade Thompson. Not a union member, Thompson argued she should have the right to refuse union representation entirely. […]

The lawsuit filed by Thompson (the wife of a Republican state legislator) in Columbus, Ohio, was followed by matching litigation in Alaska, California, Minnesota, Maine and Maryland. In her complaint, Thompson argued that designating a union as the representative of workers who haven’t chosen to be union members violates their right to free speech and association under the First Amendment. If the courts agree, exclusive representation could eventually be replaced with a system where a union can only negotiate on behalf of workers who affirmatively decide to join it. Co-workers doing the same jobs could form competing groups to negotiate separate deals with the same boss, or hammer out their own individual contracts.

Union leaders warn that’s a recipe for favoritism, where employers will seek to divide and conquer employees. If groups of workers are subject to separate contracts, they could be coerced into dumping whichever union their employer didn’t like, unions say. Letting management negotiate separate deals would foster a “Lord of the Flies/Game of Thrones kind of environment,” said Randi Weingarten, president of the 1.7 million-member American Federation of Teachers. “And that is what the right wing wants.”

Some conservatives label their effort as a boon to labor, one that will help them adapt to a post-Janus world. They contend unions should welcome policies that would release them from providing now-free services to people who refuse to join. Ending exclusive representation “gives unions the ability to say ‘goodbye’ to people not paying them, and public employees the chance to say ‘no thanks’ to unwanted representation,” said Vincent Vernuccio, a senior fellow at the Michigan-based Mackinac Center for Public Policy, a conservative advocacy group.

posted by Rich Miller
Monday, Sep 24, 18 @ 3:26 pm

Comments

It’s all about attacking, dividing, and weakening work families for the right-wing elite and their lackeys. That’s the only reason they’d go after a system that is extremely employer-friendly (exclusive representation) for the old, old days of multiple unions in the shop, which certainly isn’t easier to manage for “job creators.”

Comment by Precinct Captain Monday, Sep 24, 18 @ 3:41 pm
The robber barons of our past are spinning in their graves over what might have been. They tried busting unions with violence and intimidation. It failed.

All they needed to do is spend more money on propaganda in addition to the politicians they bribed.

Comment by Norseman Monday, Sep 24, 18 @ 3:42 pm
Part of me hopes this comes to pass. When a union teacher will get 40k and the non-union teacher gets 28k, I wonder how many people will join the union? When one teacher walks off the job over pay, they are easily replaced. When 1,000 teachers walk off the job over pay, schools close.

Comment by Ducky LaMoore Monday, Sep 24, 18 @ 3:48 pm
Wake up labor. Workers have fought and died for the rights that you currently enjoy. Don’t let the slick ALEC types convince you that they are worried about your “free speech” rights. Their aim is to weaken your protections in order to enhance profits for the 1% while lowering taxes.

Comment by Ole' Nelson Monday, Sep 24, 18 @ 3:48 pm
What a disturbing trend.

Sean Hannity-type broadcasts and, no doubt, their own states’ version of Proft-type “newspapers”, convince even some teachers that they are Sampsons fighting Goliath (i.e., the teacher’s union), and to take action against their own self-interest….not realizing that these conservative advocacy groups are funded by predatory wealthy interests (i.e. the real Goliaths) trying to tear them down.

IPI-style “teachers advocates” can’t be far behind.

Comment by Stumpy's bunker Monday, Sep 24, 18 @ 3:56 pm
==When a union teacher will get 40k and the non-union teacher gets 28k…==

Or when a union teacher gets $39K and the non-union teacher gets $40K without union dues because she stands out on her own.

Or when STEM teachers form their own union and get $40K while all non-STEM union teachers get $28K.

Or when union A teacher gets $40K and union teacher B gets $40K but both pay lower union dues due to competition.

This can play out a myriad of ways.

Comment by City Zen Monday, Sep 24, 18 @ 4:18 pm
We need Mother Jones bad.

Comment by Enemy of the State Monday, Sep 24, 18 @ 4:23 pm
Opponents of unions just want to break them from the inside. That’s why they push for ending exclusive representation. They care about nonmembers taking advantage of unions? My a**, as Lee Elia once ranted.

Let’s at least drop the pretenses and coded language. When anti-union organizations funded by billionaires and multimillionaires get involved, it’s about union busting, not employee freedom.

Comment by Grandson of Man Monday, Sep 24, 18 @ 4:24 pm
teacher B gets $40K but both pay lower union dues due to competition.
H
This can play out a myriad of ways.:

Yep ask the charter school teachers who fought to get in to the union. Where’s there free speech? When a realtor sells you house they take 5%, a manager gets 10% , a lawyer too much and on and on guess what it cost money to negotiate. cheapest in a union.

Comment by Annoyance Monday, Sep 24, 18 @ 4:32 pm
The mythology of Rauner and Janus, pictures and speeches on the Supreme Court steps… the reality is Janus has opened doors, but members aren’t leaving as fast as others would like.

That’s why… these other cases… are required to end organized labor.

The trades, specifically, the goal is to have a skilled workforce, in trades where those skills make society better, just make sure those in the trades can’t enjoy that society with a wage and rights for their betterment.

For me?

Kasich and how Ohio handled their business… up to *now* and these court cases… will actual Republicans finally alienate all of labor, once and for all time?

Comment by Oswego Willy Monday, Sep 24, 18 @ 4:33 pm
“hammer out their own individual contracts…” Yeah, that’s what employers are hollering for - five hundred thousand individual contracts.

Comment by Ed Higher Monday, Sep 24, 18 @ 4:39 pm
The Second Coming of Labor is nigh
The more they attack
The more we unite
The more they obfuscate
The better we educate
The Second Coming
Is because of the adversity.
Keep it coming IPI
Keep it up Rauner
You are the best thing for us.

Comment by Honeybear Monday, Sep 24, 18 @ 4:42 pm
With respect
We must all be Mother Jones
Every member of the line
A Mother Jones

The Family of Labor
The Faith of Labor
The Fire of Labor

Is each members responsibility
Not Councils or International
Not even Locals
Each member
“The walking wrath of God”

Comment by Honeybear Monday, Sep 24, 18 @ 4:46 pm
Maybe o.t., but will we know on October 1 if we’re gettkng paid at the proper step or not? I know the checks for that pay period don’t go out until the 25th but when will payroll workers know and hopefully tell everyone?

Comment by Anonymous Monday, Sep 24, 18 @ 4:56 pm
I think merit comp State employees might be the tale of how this plays out if these lawsuits are successful. It’s been how many years since they had pay raises?

I could see a situation where governments create an initial difference in pay to the advantage of non-union employees to bust unions and then pay freezes or reductions.

Comment by MyTwoCents Monday, Sep 24, 18 @ 4:58 pm
==When a realtor sells you house they take 5%, a manager gets 10% , a lawyer too much and on and on guess what it cost money to negotiate. cheapest in a union.==

What if I don’t want to live in tract housing?

Comment by City Zen Monday, Sep 24, 18 @ 5:00 pm
==When a union teacher will get 40k and the non-union teacher gets 28k…==

More likely is that the union teachers will negotiate 40k, and the non-union teachers will end up with 45k.

Why?

The teachers will all leave the union.

Then, class sizes will go up, pay will be cut to 35k, insurance will be dropped, etc.

That is the long game.

Comment by Pot calling kettle Monday, Sep 24, 18 @ 5:13 pm
I seriously don’t see thousands of tiny unions popping up. It would not be cost effective with regard to hiring the legal talent. What would the dues have to be for ten workers to band together and take an employer to court over a violation in the labor law. It just is not feasible. And their negotiating power would be greatly diminished.

Instead I suspect consolidation will be the route unions will choose. Imagine one national public employee union and all members go on strike at the same time.

Comment by A Jack Monday, Sep 24, 18 @ 5:26 pm
Honeybear - You may want to check AFSCME political contributions today. Second coming indeed.

Comment by City Zen Monday, Sep 24, 18 @ 5:26 pm
So if we’re not going to follow majority rule, can I have a different governor? It’s not fair that Rauner acts on my behalf. I didn’t choose him. My free speech right is being violated.

Comment by Grandson of Man Monday, Sep 24, 18 @ 5:27 pm
Sure, that’s exactly what we want. The absolute cheapest teachers we can get for your kids, right? But all with advanced degrees and lots of good experience, right? Easily replaceable? Maybe in suburbia, but check out the shortages being reported in rural Illinois. Also, check out Education enrollment at universities. They’re not as dumb as you think

Comment by Anonymous Monday, Sep 24, 18 @ 5:32 pm
On the other Skilled Trades hand, there is a giant rubber rat on the sidewalk near my neighborhood Andy’s Ice Cream, because an Andy’s in a different town used a contractor who hired a non-union concrete company to do a small section of the project. The trades make more enemies than friends with stuff like this. It’s one thing to call someone a “rat” because they cross your picket line, or even take “your” job during a strike. It’s quite another to say that all work done in Illinois belongs to the trade unions, even that work they have no agreement to do, and that anyone who is not a member should starve. I’m going to get sick if I eat any more ice cream this week.

Comment by Stuntman Bob's Brother Monday, Sep 24, 18 @ 5:33 pm
Late to the conversation here, so nobody is likely still reading, but for what it is worth, any corporation is a special privilege granted by the state that allows the shareholders to bargain collectively. Just use the ammendatory clause to require all corporate entities to bargain only with other corporate entities for their labor. Or alternatively, require each shareholder to sign off individually on each contract. Either way. Symmetry is symmetry. why would it be fair to allow capital collective bargaining rights, but not labor.

Comment by Hist Monday, Sep 24, 18 @ 6:18 pm
The reality is you won’t have a contract. You so be 100% at will and they could fire you for whatever reason…

New boss comes in and fires you because they dont like your personality or maybe pay cut because they know how easily you can be replaced.

Comment by The Dude Monday, Sep 24, 18 @ 6:21 pm
The Buckeye Institute, the Mackinac Center for Public Policy and the Illinois Policy Institute are all parts of the same snake.

The Koch Brothers and their robber baron associates fund these State Policy Network propaganda machines for the sole purpose of waging economic war on the poor and the working class and any organization that dares to give people who actually work for a living a voice.

SPN believes free speech and the right to associate is only a right reserved for the privileged few, who can now spend unlimited funds on political donations rather than pay prevailing wages.

Comment by Chicago 20 Monday, Sep 24, 18 @ 6:43 pm
==So if we’re not going to follow majority rule, can I have a different governor?==

Yes. You can also voluntarily pay more taxes. Do you?

==The reality is you won’t have a contract. You so be 100% at will and they could fire you for whatever reason==

I thought we had a teacher shortage? Why would they fire someone that cannot be readily replaced?

Comment by City Zen Monday, Sep 24, 18 @ 8:16 pm
Use the GOogle, City. Learn

Comment by Anonymous Monday, Sep 24, 18 @ 8:27 pm
If you think achieving the American dream is hard now, just wait til the Koch brothers get finished with the U.S.

Comment by Generic Drone Monday, Sep 24, 18 @ 8:39 pm
Is there a new classification for freeloaders, empowering them to represent themselves in grievances

Comment by Rabid Monday, Sep 24, 18 @ 10:36 pm
There are no longer “Koch Brothers”. They’re both old men and one has retired and no longer active. It’s sad when your stereotypes retire and drop out, but there ya go…

Comment by VanillaMan Monday, Sep 24, 18 @ 10:56 pm
Their influence and money will go on without them.

Comment by Generic Drone Monday, Sep 24, 18 @ 11:08 pm
==They’re both old men==

And still alive. And State Policy Network isn’t going to die.

Comment by Da Big Bad Wolf Tuesday, Sep 25, 18 @ 6:52 am
“There are no longer “Koch Brothers”.”

https://www.cnbc.com/2018/01/27/koch-brothers-network-to-spend-400-million-in-midterm-election-cycle.html

Comment by chi Tuesday, Sep 25, 18 @ 7:30 am
Rauners calling to service, was a Koch phone call like walker got

Comment by Rabid Tuesday, Sep 25, 18 @ 7:51 am
My govenor went to a Koch workshop in palm springs

Comment by Rabid Tuesday, Sep 25, 18 @ 8:06 am
===SPN believes free speech and the right to associate is only a right reserved for the privileged few, who can now spend unlimited funds on political donations===

Kinda like how AFSCME just dropped $767k into Madigan’s coffers yesterday?

Comment by MacombMike Tuesday, Sep 25, 18 @ 8:19 am
–letting management negotiate separate deals would foster a “Lord of the Flies/Game of Thrones kind of environment,”–

I don’t belong to a union and never have (they are not in my profession, no other reason why) and none of my salary negotiations match the above. That is way over the top.

Comment by Anonymous Tuesday, Sep 25, 18 @ 8:33 am
==On the other Skilled Trades hand, there is a giant rubber rat on the sidewalk near my neighborhood Andy’s Ice Cream,==

Oh for heaven’s sake, get over yourself. It’s just a little bit of humor that hurts nobody during what would otherwise be a tense situation.

Comment by Da Big Bad Wolf Tuesday, Sep 25, 18 @ 3:20 pm