Here’s How a Supreme Court Decision To Gut Public Sector Unions Could Backfire on the Right
Janus v. AFSCME, which begins oral arguments on February 26, is the culmination of a years-long right-wing plot to financially devastate public-sector unions. And a Supreme Court ruling against AFSCME would indeed have that effect, by banning public-sector unions from collecting mandatory fees from the workers they are compelled to represent. But if the Court embraces the weaponization of free speech as a cudgel to beat up on unions, the possibility of other, unintended consequences is beginning to excite some union advocates and stir fear among conservative constitutional scholars. The ruling could both wildly increase workers’ bargaining power and clog the lower courts with First Amendment challenges to routine uses of taxpayer money. At a minimum, it has the potential to turn every public sector workplace dispute into a constitutional controversy—and one Midwest local is already laying plans to maximize the chaos this could cause. Toward labor’s bill of rights […]
Beyond Bread and Butter: Labor Disputes for Social Justice
Football player Colin Kaepernick’s epic protest for Black civil rights has finally become an explicit labor relations dispute. As hundreds of players spent this season taking a knee during the national anthem in solidarity with Black Lives Matter and in defiance of Donald Trump, Kaepernick – who inspired the actions – was not there. The quarterback’s contract with the 49ers came to an end in between seasons. Although he is ranked as better than half of all players starting in that position this season, no team has signed him. In response to this obvious retaliation by team owners for his political activity, Kaepernick has filed a grievance under the contract’s prohibition against collusion, and the players union has offered words of support. The grievance, and the collective protest that Kaepernick’s symbolic action sparked, suggest two areas where unions should be doing more work to push beyond our traditional issues of […]