Public-sector union policy in New York: Difference between revisions
From Ballotpedia
m (Text replacement - "{{Union Station signup}}" to "{{Public sector unions VNT}}") |
|||
| (2 intermediate revisions by the same user not shown) | |||
| Line 1: | Line 1: | ||
{{Public sector unions VNT}}On June 27, 2018, the [[Supreme Court of the United States]] issued its decision in ''[[Janus v. AFSCME|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.<ref name=scotusblog>[http://www.scotusblog.com/case-files/cases/janus-v-american-federation-state-county-municipal-employees-council-31/ ''SCOTUSblog'', "Janus v. American Federation of State, County, and Municipal Employees, Council 31," accessed May 9, 2018]</ref><ref>[https://www.supremecourt.gov/opinions/17pdf/16-1466_2b3j.pdf ''Supreme Court of the United States'', "Janus v. American Federation of State, County, and Municipal Employees: Opinion," June 27, 2018]</ref> | {{Public sector unions VNT}} | ||
{{Mothballed pages}} | |||
On June 27, 2018, the [[Supreme Court of the United States]] issued its decision in ''[[Janus v. AFSCME|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.<ref name=scotusblog>[http://www.scotusblog.com/case-files/cases/janus-v-american-federation-state-county-municipal-employees-council-31/ ''SCOTUSblog'', "Janus v. American Federation of State, County, and Municipal Employees, Council 31," accessed May 9, 2018]</ref><ref>[https://www.supremecourt.gov/opinions/17pdf/16-1466_2b3j.pdf ''Supreme Court of the United States'', "Janus v. American Federation of State, County, and Municipal Employees: Opinion," June 27, 2018]</ref> | |||
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 New York. | 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 New York. | ||
| Line 6: | Line 9: | ||
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.<ref name=abood>[https://www.oyez.org/cases/1976/75-1153 ''Oyez'', "Abood v. Detroit Board of Education," accessed May 9, 2018]</ref> | 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.<ref name=abood>[https://www.oyez.org/cases/1976/75-1153 ''Oyez'', "Abood v. Detroit Board of Education," accessed May 9, 2018]</ref> | ||
<!-- | |||
==[[Noteworthy events]]== | ==[[Noteworthy events]]== | ||
===2018=== | ===2018=== | ||
| Line 18: | Line 22: | ||
Also on July 2, 2018, State Comptroller [[Thomas DiNapoli]] announced that, beginning with July pay periods, the state would stop deducting agency fees from non-members' paychecks. On July 3, 2018, the Empire Center sent approximately 1,700 letters to municipal government employers informing them of their obligation to stop collecting agency fees from non-members. Tim Hoefer, the group's executive director, said, "The language of the decision is not ambiguous. Agency fees must end."<ref name=nypost>[https://nypost.com/2018/07/04/dem-lawmaker-has-workaround-to-scotus-unions-decision/ ''New York Post'', "Dem lawmaker has ‘workaround’ to SCOTUS unions decision," July 4, 2018]</ref><ref>[https://www.empirecenter.org/publications/empire-center-to-public-employers-halt-union-agency-fees/ ''Empire Center'', "Empire Center to Public Employers: Halt Union Agency Fees," July 3, 2018]</ref> | Also on July 2, 2018, State Comptroller [[Thomas DiNapoli]] announced that, beginning with July pay periods, the state would stop deducting agency fees from non-members' paychecks. On July 3, 2018, the Empire Center sent approximately 1,700 letters to municipal government employers informing them of their obligation to stop collecting agency fees from non-members. Tim Hoefer, the group's executive director, said, "The language of the decision is not ambiguous. Agency fees must end."<ref name=nypost>[https://nypost.com/2018/07/04/dem-lawmaker-has-workaround-to-scotus-unions-decision/ ''New York Post'', "Dem lawmaker has ‘workaround’ to SCOTUS unions decision," July 4, 2018]</ref><ref>[https://www.empirecenter.org/publications/empire-center-to-public-employers-halt-union-agency-fees/ ''Empire Center'', "Empire Center to Public Employers: Halt Union Agency Fees," July 3, 2018]</ref> | ||
--> | |||
==Relevant legislation in New York== | ==Relevant legislation in New York== | ||
{{Public sector union legislation}} | |||
==See also== | ==See also== | ||
Latest revision as of 05:58, 18 August 2023
| Select a state from the menu for more. |
This page is outside of Ballotpedia's current coverage scope and does not receive scheduled updates. If you would like to help our coverage grow, please consider donating to Ballotpedia.
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 New York.
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 New York
This legislation tracking project has been archived. Click here to view public-sector union legislation introduced from 2018 to 2023.
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
| |||||||
