Janus is the latest attack on workers’ rights to organize and bargain collectively
Today, the U.S. Supreme Court announced that it will hear Janus v. AFSCME, a case that could profoundly affect the ability of public-sector workers to improve their wages and working conditions. The case threatens the right of the majority of workers, through their democratically elected union, to bargain a contract with their public employer that requires every employee covered by the contract to pay their fair share of the costs of negotiating it, administering it, and enforcing it. The Court decided this issue forty years ago in Abood v. Detroit Board of Education and it has been the law of the land since.
Janus is nothing more than the latest attack on workers’ rights to organize and bargain collectively. The Court considered this issue last term in Friedrichs v. California Teachers Association, which resulted in a 4-4 split decision upholding a lower court decision that permits public employee unions to assess fees on non-members who benefit from collective bargaining and union representation and who unions are required to represent. In any other circumstance, it would be outrageous to demand the benefits of a common enterprise without paying one’s fair share. Union representation is no different. Eliminating fair share fees protects people who want to get something for nothing and as a result, starves unions.
It is profoundly undemocratic to elevate the objections of a minority over the democratically determined choices of the majority of workers. This principle is what is at stake in Janus. The decision in this case will determine the future of effective unions, democratic decision making in the workplace, and the preservation of good, middle-class jobs in public employment.