Mortal blow to police associations on horizon
If Supreme Court rules in favor of the plaintiffs, the foundation of public union funding — the ability to collect compulsory dues — could crumble.
Harris v. Quinn is a case started by eight home-care workers who resisted joining a state union — and paying the corresponding union dues — in Illinois. Unionization was a prerequisite for their employment by the state. They filed a class-action lawsuit against Illinois in 2010, arguing that being forced to pay into a union as a condition of their employment violated their First Amendment rights to freedom of association.
The case, which was heard recently by the U.S. Supreme Court, has managed to stay out of the limelight despite its potentially devastating ramifications for unions across the country.
Brian Marvel, president of the San Diego Police Officers Association said, “Considering the Supreme Court has already ruled that the government can take your property for increased tax revenue, this case doesn’t bode well.”
Ron DeLord, former president of CLEAT who is now a consultant and advisor to police associations here in the U.S. and other English –speaking countries around the world, said he is not optimistic the Supreme Court will rule in favor of compulsory dues collection.
“Unions relying on courts for justice could be in for a very unpleasant surprise,” DeLord said.
The National Right to Work Foundation, which was founded in 1968 to fight against compulsory union dues and other aspects of union membership, are funding the legal battle for the plaintiffs. While the foundation keeps its donor list private, it has been linked to billionaire conservative mega-donors Charles and David Koch.
As a bargaining agent for a group of employees, a union is obligated to represent all workers — whether they want to join the union or not. Workers in a unionized sector are therefore not required to join the union, but have to pay dues for costs the union incurs by collectively bargaining on their behalf.