Unions and lower courts keep ignoring the Supreme Court
On Labor Day, grandstanding union bosses aren’t likely to be extolling the rights of those hardworking employees who disagree with their agenda. But just as pro-union employees deserve a right to voluntarily join and participate in a union, those who oppose unions deserve the right to opt out.
This principle, which is the core of Right to Work, is more than just a popular, commonsense idea: Since 2018, it’s been enshrined in the U.S. Constitution for public employees.
In the landmark Janus v. AFSCME case, argued by National Right to Work Foundation attorneys, the Supreme Court recognized that public sector workers have a First Amendment right to abstain from paying dues to a union. The court also ruled that government employers can’t deduct union dues from a public worker’s paycheck unless the worker affirmatively consents to dues payments.
The Supreme Court didn’t mince words in its Janus decision: “Neither an agency fee nor any other payment to the union may be deducted from a nonmember’s wages, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay” (emphasis added).
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