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Union Station: November 9, 2018
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On June 27, the Supreme Court issued its 5-4 ruling in Janus v. American Federation of State, County, and Municipal Employees (Janus). The court ruled that public sector unions cannot require non-member employees to pay agency fees to cover the costs of non-political union activities. This week, we shine a spotlight on Janus-related activity in New Jersey.
On Nov. 5, 2018, two New Jersey public school teachers filed a class-action lawsuit suit in U.S. District Court seeking refunds for dues they allege their union withheld without their consent. The plaintiffs also argue New Jersey's Workplace Democracy Enhancement Act, enacted in May 2018, is unconstitutional and must be struck down. (Sources: The Wall Street Journal, Asbury Park Press, New Jersey 101.5)
- Who are the parties to the suit? Susan Fischer and Jeanette Speck, two public school teachers in Ocean Township. They filed their suit in the United States District Court for the District of New Jersey and are receiving legal assistance from the National Right to Work Legal Defense Foundation. The defendants named in the suit include the Township of Ocean Education Association (TOEA), the New Jersey Education Association (NJEA), and the National Education Association.
- What is at issue? Fischer and Speck argue union officials refused to permit them to cease payment of union dues when they resigned from the union in July 2018. Union officials informed them that the state’s Workplace Democracy Enhancement Act restricts union membership resignations to an annual 10-day period. Fischer and Speck allege that Janus renders the state law unconstitutional. They are asking the court to strike down the law and order a refund of dues withheld from them and other public-sector employees who attempted to resign from their unions in the wake of Janus.
- What are the parties to the suit saying?
- Mark Mix, president of the National Right to Work Legal Defense Foundation, said, "Contrary to the wishes of New Jersey union bosses and their allies in the state legislature, First Amendment rights cannot be limited to just 10 days out of the year. The Foundation-won Janus decision at the Supreme Court recognized that all civil servants may exercise their rights to free speech and free association by resigning their union membership and cutting off union payments whenever they choose." (Source: National Right to Work Legal Defense Foundation)
- Steven Baker, communications director for the NJEA, dismissed the suit as "another attack funded by wealthy anti-union groups seeking to undermine the rights of working people to form strong, effective unions." Baker said, "We will defend our members against this anti-union attack, and our members will continue working every day to make our New Jersey’s public schools the best in the nation." (Source: NJ Biz)
What we've been reading:
- The National Law Review, "Transparency? Unions May Be Gearing Up To Fight New Finance Reporting Rules," Nov. 6, 2018
- Reason, "The Next Big Fight Over Organized Labor May Already Be Here," Nov. 2, 2018
- The Philadelphia Inquirer, "Pa. unions using new tactics to influence the midterm elections," Nov. 2, 2018
The big picture
States in session: As of Nov. 9, state legislatures in Massachusetts, Michigan, Ohio, and Virginia are in session or special session. The remaining state legislatures have either adjourned or are in recess.
Number of relevant bills by state
As of Nov. 9, we are tracking 203 pieces of legislation dealing with public-sector employee union policy. One new bill was tracked this week. On the map below, a darker shade of green indicates a greater number of relevant bills. Click here for a complete list of all the bills we're tracking.
Number of relevant bills by current legislative status
Number of relevant bills by partisan status of sponsor(s)
Recent legislative actions
- Michigan HB6474: This bill would prohibit collective bargaining agreements that provide for paid time off for the conduct of union business. It was introduced in the state House Nov. 7, 2018, and referred to the Michigan Competitiveness Committee.
See also
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