The Clinton Herald, Clinton, Iowa

National News

June 30, 2014

Court: Public union can't make nonmembers pay fees

(Continued)

WASHINGTON —

A group of workers led by Pamela Harris — a home health aide who cares for her disabled son at home — filed a lawsuit arguing the fees violate the First Amendment. Backed by the National Right to Work Legal Defense Foundation, the workers said it wasn't fair to make someone pay fees to a group that takes positions the fee-payer disagrees with.

The workers argue they are not government employees capable of being unionized in the traditional sense. They are different, they say, because they work in people's homes, not on government property, and are not supervised by other state employees. And they say the union is not merely seeking higher wages, but making a political push for expansion of Medicaid payments.

Alito agreed, saying "it is impossible to argue that the level of Medicaid funding (or, for that matter, state spending for employee benefits in general) is not a matter of great public concern."

The workers had urged the justices to go even farther and overturn a 1977 Supreme Court decision which held that public employees who choose not to join a union can still be required to pay representation fees, as long as those fees don't go toward political purposes. About half of the states require these fair-share fees.

Alito said the court was not overturning that case, Abood v. Detroit Board of Education, which is confined "to full-fledged state employees." But he said that extending Abood to include "partial-public employees, quasi-public employees, or simply private employees would invite problems."

The court's limited ruling means public unions avoided a potentially devastating blow that could have meant a major drop in public employee membership ranks.

Justice Elena Kagan wrote the dissent for the four liberal justices. Kagan said the majority's decision to leave the older case in place is "cause for satisfaction, though hardly applause."

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