Although the case has been pending for some time (the Supreme Court granted certiorari some months ago) I just today was reading about it: there is a case before the Supreme Court called Harris v. Quinn which has some possibilities that look good for setting back Big Labor. It involves home care workers who have been classified as state workers under Illinois law, apparently just in order to put them under a collective bargaining agreement which has set up an “agency shop,” a contract where even if a person does not want to join a union, he is forced to pay the union dues. This is one of the most evil things ever worked into a contract — you must pay someone, allegedly for providing a service, but the service is one you never asked for nor want. And the money, of course, goes in part to political candidates you might oppose.
Of course, the unions are upset that anyone would challenge these “agency shop” provisions; they say that the unions have to negotiate for all the workers and so even the non-members benefit, so they should help support the union. In fact, the union often negotiates contracts with provisions that are directly against the interests of these non-members, but union apologists refuse to see this, and that is why many people do not want to be a part of the union.
But a ruling in favor of the plaintiffs in this case would not actually kill “agency shops,” as all it would do is to say that they are not in fact state employees. It would be nice if it did, of course, but that is not what this specific case is all about. It will not release unwilling people who are state employees from these burdensome “agency shop” contracts. Yet some columnists have claimed it would provide a “right-to-work” law for all public employees. Would that this were so!
Still, it's a move in the right direction. The only thing that would really provide equity in this issue of “right-to-work” laws would be a national “right-to-work” law that would apply to everyone. Nobody should be forced to pay dues to an organization he perceives as working against his interest. But let us hope that Harris prevails in this case, and others follow to push the issue a little farther in the future.
Of course, the unions are upset that anyone would challenge these “agency shop” provisions; they say that the unions have to negotiate for all the workers and so even the non-members benefit, so they should help support the union. In fact, the union often negotiates contracts with provisions that are directly against the interests of these non-members, but union apologists refuse to see this, and that is why many people do not want to be a part of the union.
But a ruling in favor of the plaintiffs in this case would not actually kill “agency shops,” as all it would do is to say that they are not in fact state employees. It would be nice if it did, of course, but that is not what this specific case is all about. It will not release unwilling people who are state employees from these burdensome “agency shop” contracts. Yet some columnists have claimed it would provide a “right-to-work” law for all public employees. Would that this were so!
Still, it's a move in the right direction. The only thing that would really provide equity in this issue of “right-to-work” laws would be a national “right-to-work” law that would apply to everyone. Nobody should be forced to pay dues to an organization he perceives as working against his interest. But let us hope that Harris prevails in this case, and others follow to push the issue a little farther in the future.
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