Union Station: October 12, 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.

Most state legislatures have either adjourned for the year or are in recess. This week, we take a closer look at a lawsuit in Pennsylvania over the legality of mandatory public-sector union fees.

On Oct. 9, a group of public school teachers in Pennsylvania filed a motion in an ongoing case, Hartnett v. Pennsylvania State Education Association. Plaintiffs asked a federal court to strike down a state law authorizing public-sector unions to levy mandatory fees. (Source: Ellwood City Ledger)

• What's at issue? The plaintiffs, who filed the suit in 2017, argue the portions of the law in question violate their First Amendment free speech and associational rights. In the motion for summary judgment filed this week, the plaintiffs further argue the Janus precedent should be applied to Hartnett.
• Who are the parties to the suit? Four Pennsylvania teachers: Gregory Hartnett of the Homer-Center School District, Elizabeth Galaska of the Twin Valley School District, and Robert Brough Jr. and John Cress of the Ellwood City Area School District. They filed suit in the U.S. District Court for the Middle District of Pennsylvania. The National Right to Work Foundation and the Fairness Center represent the plaintiffs. The defendant is the Pennsylvania State Education Association, an affiliate of the National Education Association. (Source: National Right to Work Legal Defense Foundation)
  • In a press release, National Right to Work Legal Foundation president Mark Mix said, "In light of the Supreme Court’s ruling, it is critical that any authorization for public sector forced dues be permanently removed from state law, so unscrupulous union bosses cannot use unconstitutional provisions to attempt to deceive workers about their right not to fund a labor union."
  • Ballotpedia contacted the Pennsylvania State Education Association for a statement. Chris Lilienthal, a spokesman for the group, said, "PSEA took immediate steps to comply with the Supreme Court decision in Janus. As a result, the Hartnett case is now clogging the court dockets and wasting public resources on a lawsuit that will accomplish nothing — all because the Fairness Center is hoping to line its pockets with a fee award."

What we've been reading:

• The News-Gazette, "After Janus loss, unions again playing defense," Oct. 10, 2018
• The 74, "Union Report: Maryland Teacher Union Numbers Show Drop In Membership, Market Share Since Supreme Court’s Janus Ruling," Oct. 9, 2018
• The Bond Buyer, "What looms after Janus?" Oct. 9, 2018

The big picture

States in session: As of Oct. 12, state legislatures in Massachusetts, 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 Oct. 12, we are tracking 201 pieces of legislation dealing with public-sector employee union policy. No new bills were tracked this week. On the map below, a darker shade of green indicates a greater number of relevant bills. Click the map for complete information.

Number of relevant bills by current legislative status

Number of relevant bills by partisan status of sponsor(s)

Recent legislative actions

Ballotpedia tracked no legislative actions related to public-sector union policy this week.

See also

• Public sector union policy in the United States