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Public-sector union policy in Washington
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On June 27, 2018, the Supreme Court of the United States issued its decision in Janus v. American Federation of State, County, and Municipal Employees (Janus v. AFSCME), a case concerning the constitutionality of public-sector labor union agency fees. In its 5-4 decision, the court ruled that being required to give any financial support to a union violates employees' rights under the First Amendment to the United States Constitution. With Janus, the high court overturned the precedent established in Abood v. Detroit Board of Education that had permitted public-sector unions to collect agency fees to support non-political activities such as collective bargaining efforts and administrative work.[1][2]
In anticipation of and in response to this ruling, bills relating to public-sector employee unions were introduced in state legislatures across the United States. This article provides general information on public-sector unions and relevant legislation in Washington.
Background
Generally, members of an employee union pay fees to that union. These fees support the union's activities, which can include collective bargaining and contract administration, as well as political activities, such as lobbying. Some public-sector employees do not wish to join a union, and some are opposed to unions' political activities. In 1977, the Supreme Court of the United States ruled, in Abood v. Detroit Board of Education, that employees cannot be required to give financial support to a union's political activities. However, the court found that it was not a violation of employees' rights under the First Amendment to the United States Constitution to require them to pay fees to support union activities from which they benefit, such as collective bargaining. This ruling was overturned by Janus, which held that such fees are not constitutional.[3]
Relevant legislation in Washington
This legislation tracking project has been archived. Click here to view public-sector union legislation introduced from 2018 to 2023.
Noteworthy events
Ninth Circuit panel says exclusive representation does not violate Janus (2019)
On February 26, 2019, a three-judge panel of the United States Court of Appeals for the Ninth Circuit found that a Washington state policy granting exclusive bargaining rights to a union did not violate workers' First Amendment rights. In 2006, the state authorized child care providers working under a state-subsidized program to select an exclusive representative for the purposes of collective bargaining. The workers chose Service Employees International Union Local 925. Workers were not required to join the union, but SEIU Local 925 was granted the exclusive right to represent this class of workers. The plaintiff in the case, child care provider Katherine Miller, alleged that this practice, in light of Janus, violated her First Amendment rights because it authorized SEIU Local 925 to speak and negotiate on her behalf without her express consent. The appeals court panel unanimously rejected Miller's argument, citing the Supreme Court's 1984 decision in Minnesota State Board for Community Colleges v. Knight. In Knight, the high court dismissed a suit from several Minnesota community college instructors that made an argument similar to Miller's. The high court held "the state has in no way restrained appellees’ freedom to speak on any education-related issue or their freedom to associate or not to associate with whom they please, including the exclusive representative."[4][5]
The appeals court panel comprised Judges Susan P. Graber, M. Margaret McKeown, and Morgan Christen. President Bill Clinton (D) appointed both Graber and McKeown to the court in 1998. President Barack Obama (D) appointed Christen to the court in 2011.
See also
Select a state on the map below to read more about public-sector employee union legislation in that state.
Footnotes
- ↑ SCOTUSblog, "Janus v. American Federation of State, County, and Municipal Employees, Council 31," accessed May 9, 2018
- ↑ Supreme Court of the United States, "Janus v. American Federation of State, County, and Municipal Employees: Opinion," June 27, 2018
- ↑ Oyez, "Abood v. Detroit Board of Education," accessed May 9, 2018
- ↑ Route Fifty, "Federal Court Rejects State Worker Collective Bargaining Challenge," February 27, 2019
- ↑ United States Court of Appeals for the Ninth Circuit, "Miller v. Inslee: Opinion," February 26, 2019
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