The Janus case could provide right-to-work protection for all public employees in the country. Right-to-work means a union cannot get a worker fired for not paying dues or fees.

STATEMENT: Center Applauds SCOTUS Ruling on Janus case; Public Education to Benefit

FOR IMMEDIATE RELEASE: June 27, 2018

More Worker Freedom Will Lead to Reduction in Union Power

Public Education Should be Greatest Beneficiary

Providence, RI — According to the Rhode Island Center for Freedom & Prosperity, today’s landmark decision in the Janus case, which grants workplace freedom to public employees, means that public unions will have significantly less power and money to block legislation and influence elections. “The greatest public benefit will be improvement in public education,” said Mike Stenhouse, the Center’s CEO. “Many education reforms that would improve schools in disadvantaged communities are prevented by union collective bargaining agreements. If unions are no longer able to force teachers who disagree with them to fund their bargaining positions, unions will have less power to impose ine?ective policies into contracts.”

#WorkerFreedom

The Center opposes legislation that would lead to the unionization of the home care industry. If enacted, the safety of patients would be put at risk, while Rhode Island families and businesses would be forced to pay higher taxes to support exorbitant union demands.

Center Opposes Legislation to Force Unionization of Home Care Professionals

Political Money & Power Grab by Unions Would Threaten Patient Safety

Citizens concerned about the care of their loved ones can contact their lawmakers online

Forced SEIU unionization would fly in the face of expected U.S. Supreme Court ruling

FOR IMMEDIATE RELEASE: June 19, 2018

Providence, RI – The Rhode Island Center for Freedom & Prosperity opposes legislation that would lead to the unionization of the home care industry, against the will of the nurse assistants and other professionals currently providing services to home-based patients. If enacted, the safety of patients would be put at risk, while Rhode Island families and businesses would be forced to pay higher taxes to support exorbitant union demands.

Outrageously, some of these higher taxes, intended for home care services, would be siphoned-off by unions, and will end-up in the political campaign coffers of SEIU.

According to the Center’s sources, H7803 may soon be resurrected from its “held for further study” status and will be re-considered following a major push by SEIU and other progressive activists who are seeking to give government control over the home care services industry. S2734 Sub-A was passed by the entire Senate in late May.

The legislation would force all home care workers, most of whom are employed under a successfully operating private ‘agency’ system, to register with the government, becoming quasi-public employees, with their names and other personal information then to be turned over to SEIU labor bosses for the purposes of unionization efforts. A very similar approach was taken in 2013 to unionize the home child care industry; since then, union negotiated – and taxpayer funded – costs to support this industry have risen dramatically.

Concerned citizens are requested to support an online ‘contact your lawmaker’ drive against the legislation, spurred by the Rhode Island Partnership for Home Care, which believes that government-run home care would destabilize the industry.

“This is a blatant money and power grab by unions that would crush a smoothly performing private agency system that is providing high quality home care to elderly, Medicaid, and other patients; and essentially turn over control of this industry to overly politicized and incompetent government bureaucrats,” said Mike Stenhouse, the Center’s CEO. “The training standards and strict oversight now required of nursing and other home care professionals would be greatly diminished. Why would we want to put government in between patients and their home care service providers?”

The Center also points out the incongruity of this legislation and the direction that the nation may soon be taking, following next week’s expected U.S. Supreme Court decision in the landmark Janus case, which would end the forced unionization and fee payments of public employees. “Once again, while America is moving towards more freedom and less governmental control over our lives, Rhode Island wants to move in the opposite direction, consolidating centralized-control and planning under the political elite and their special-interest allies,” warned Stenhouse.

Once again unions are pushing for legislation that would give them even more leverage when it comes to negotiating Collective Bargaining Agreements for government workers. House bills 7198, 7633, and 7634 would grant all or some public employee unions underhanded perpetual contracts.

Progressive Land of Make Believe Bad Bill of the Week: Perpetual Contracts

They’re back!

Once again unions are pushing for legislation that would give them even more leverage when it comes to negotiating Collective Bargaining Agreements for government workers.

House bills 7198, 7633, and 7634 would grant all or some public employee unions an unfair advantage by keeping in place all existing collective bargaining provisions until a new contract has been agreed to by the parties – we call these “perpetual contracts” … and thus these three bills qualify as our “Progressive Land of Make Believe Bad Bills of the Week”.

In recent years, government worker unions and progressives have banded together to promote a centralized-government-control and high tax political environment. These bills exemplify this relatively new union-progressive partnership.

In living in this fantasy world of perpetual contracts, unions would never have to bargain in good faith, even in the worst of possible economic times, as they would be able to just sit back and continue to reap in their overly-generous benefits. In other words, your local taxes could never ever go down.

But wasn’t this issue decided last year? Yes it was. Despite the opposition from dozens of mayors and town leaders, the union-controlled House and Senate passed perpetual contract legislation in 2017. Thankfully, Governor Raimondo, who understands the real world when it comes to this issue, seemingly put the issue to rest by vetoing the perpetual contracts legislation.

But, the Rhode Island perpetual contracts legislation is back again this year! Why? What has changed?

In my opinion, unions are increasingly worried about how they will preserve their power, if the US Supreme Court rules against them in the Mark Janus case, which was heard by the Supremes in late February. In the expected June decision, the Supreme Court could grant government employees – such as teachers, police, and firefighters – the freedom to choose whether or not they can be compelled to join a union or pay union fees. Right now, public employee unions enjoy a negotiating monopoly and can force workers to financially support the unions’ political agenda.

Conventional wisdom believes the Supreme Court will rule against the union position. But what does this have to do with perpetual contracts? As it turns out … a lot.

Under one speculated Supreme Court ruling scenario, designed to lessen the financial impact on unions, forced dues and fees might be allowed to continue for those government workers under an existing collective bargaining contract. And that such employees could only opt-out once those existing contracts expire. But if contracts are “perpetual” – and would never therefore expire – then employees would never have the chance to opt out.

This means unions could continue to force people to have dues and fees automatically deducted from their paychecks.

This is a brilliant, yet devious maneuver. And this is how unions and their political cronies in statehouses across the country work: Finding every possible way to continue to extract money from taxpayers – and their own members – so that their financial and political power can be maintained.

As taxpayers and voters, everyone of us should be outraged that unions, and their legislative friends, conspire to devise such underhanded ways to pre-emptively evade what might be a landmark Supreme Court decision.

In our state’s progressive land of make believe, there is little doubt that the House and Senate, spurred by the desperation of public employee unions, will once again pass and send “perpetual contracts” legislation to the Governor’s desk.

It’s an election year, and the political pressure on her will be enormous, but once again, we must hope that the Governor, rooted in reality, will not be fooled or persuaded by this overt money grab by unions.

The Janus case could provide right-to-work protection for all public employees in the country. Right-to-work means a union cannot get a worker fired for not paying dues or fees.

Janus Public Policy Backgrounder

Janus v. American Federation of State, County, and Municipal Employees Council 31

Mackinac Center for Public Policy Backgrounder

F. Vincent Vernuccio and Patrick Wright

WHAT IS THE JANUS CASE?

Janus v. American Federation of State, County, and Municipal Employees Council 31 is a case in front of the U.S. Supreme Court filed by Mark Janus and two other Illinois state workers. If the justices rule in favor of Janus, the decision could:

  • Provide right-to-work protection for all public employees in the country. Right-to-work means a union cannot get a worker fired for not paying dues or fees.

BACKGROUND

All workers, whether they are in a right-to-work state or not, have the right to leave their union.

In non-right-to-work states like Rhode Island, however, employees can only opt out of paying the political portion of their dues, and many unions require them to submit paperwork to this effect annually. These workers are called “agency fee payers.”

Unions charge agency fee payers close to the same amount they charge regular members for dues. In California, for example, teachers are required to pay around 70 percent of their dues as agency fees, and in other states this amount can be even higher.

For most labor unions in Rhode Island, the amount of agency fees is left to each union and employer to negotiate, but they are often equal to dues. The exception to this contract-by-contract flexibility is for employees of the state, who are required by law to pay agency fees equal to dues even if they do not join their respective unions (RIGL 36-11-2). Rhode Island is one of only three states in the country that requires agency fees for state employees.

The right not to pay for a union’s political agenda through dues comes from the Abood v. Detroit Board of Education case, where the U.S. Supreme Court ruled that public sector workers have a First Amendment right not to be forced to pay for union politics. Private sector workers are granted the same right through a different court decision.


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We understand that in order for more Rhode Island families to have a better quality of life, that more and better businesses are needed to create more and better jobs.

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Many states give government unions a monopoly over representation. The Abood case allowed unions to force all workers covered by the collective bargaining agreement to pay for the expenses incurred for representation, regardless of whether the employee wanted such representation or not. The argument in Abood was that, if workers were given a choice, an insufficient number of them would offer financial support to the union, making it difficult for the union to bargain effectively on their behalf.

As of 2018, workers in 27 states can exercise right-to-work rights and are not forced to pay dues or fees to the union organized in their workplace. In right-to-work states, however, only about 20 percent of unionized workers exercise these rights, meaning that unions in these states still have the financial support of about 80 percent of workers, on average. This suggests that the fears that rationalized the Abood decision were likely overstated.

Similar Rhode Island Case

In the Ocean State, five police officers in the town of Westerly sued the city over a requirement that they pay almost 15% of their salaries to the local union. The Stephen Hopkins Center for Civil Rights, a Rhode Island–based nonprofit legal entity, litigated this case to defend non-union reserve police officers from being forced to contribute $5.00 of their $35.00 hourly pay to the union local.

Hopkins Center chairman Giovanni Cicione writes: “This was foisted on them without their consent, and these good public servants, many of whom are part-timers and retirees, are being forced to subsidize an organization they do not support and from which they receive no benefits.”

MAIN ARGUMENTS OF JANUS

Mark Janus and the other plaintiffs are asking the Supreme Court to overturn the Abood decision. They argue collective bargaining in the public sector is inherently political, and government unions devote more resources to their political agendas than just the small portion of dues that goes to directly support political candidates or causes.

On its Web page for a similar case covering teachers, the Center for Individual Rights explains, “Whether the union is negotiating for specific class sizes or pressing a local government to spend tax dollars on teacher pensions rather than on building parks, the union’s negotiating positions embody political choices that are often controversial.” Therefore, the plaintiffs say that by being forced to fund collective bargaining, they are being forced to fund political activity they might not necessarily agree with.

MAIN POINTS

  • Government workers would still be able to remain in their unions, and those unions would still be able to collectively bargain. Janus would simply give workers a choice and prevent them from being fired for not paying a union.
  • Giving workers a choice can make unions stronger. Unions would need to prove their worth to their membership, giving members better representation and more-responsive leadership.
  • All collective bargaining by government unions is inherently political. Workers have a First Amendment right not to be forced to pay for political spending they disagree with. Therefore, workers should not be forced to support government unions.
  • Unions should not have the power to get workers fired for exercising their First Amendment rights.
  • While the case would essentially mean right-to-work for public employees across the country, practically it would only apply to the 22 states in which government workers are not already right-to-work and paying agency fees.
  • Only about 20 percent of workers in right-to-work states exercise their rights, so the practical effect of the case will likely only affect about 20 percent of government workers in the 22 states that do not already provide these rights to workers.

KEY DATES

February 26, 2018 — The Supreme Court will hear oral arguments in the Friedrichs case

End of June 2018 — Likely decision by the court

About the Authors

F. Vincent Vernuccio is Director of Labor Policy at the Mackinac Center for Public Policy.
Patrick Wright is the Mackinac Center’s Vice President for Legal Affairs Affairs and authored the Center’s two briefs in the Friedrichs case.
The Mackinac Center is located in Midland,
Michigan.

 

NEW: Failing RI Report Card Grades Not Advancing Social Justice

FOR IMMEDIATE RELEASE
November 17, 2015

Non-Competitive Grades Harming Work, Mobility, and Opportunity for Rhode Islanders
Preponderance of Fs and Ds Should Signal Need for Change in Policy Culture

Providence, RI — The opportunity for upward mobility for many Ocean Staters continues to be hampered by a non-competitive business climate and onerous family tax burdens, as evidenced by the poor grades the State of Rhode Island received on the 2015 Report Card on Rhode Island Competitiveness, the fourth annual such report, released today by the Rhode Island Center for Freedom & Prosperity.

Burdened with public policies that discourage work and a productive lifestyle, the state’s poor grades in 10 major categories (two F’s, seven D’s, and one C) reflect a government culture geared to benefit special interest insiders, while at the same time promoting job-crushing and soul-crushing dependency among the general populace.

Raising even further alarm, Rhode Island ranked dead-last, overall, when compared with report cards from other New England states.

“This report card clearly demonstrates the wreckage that decades of liberal policies have wrought upon our state. These unacceptable grades should be a wake-up call to lawmakers that a government-centric approach is not producing the social justice and self-sufficiency that Rhode Islanders crave,” suggested Mike Stenhouse, CEO for the Center. “If we want to provide more mobility and opportunity for our neighbors and entrepreneurs, we must completely reform our public policy approach. We must learn to trust in our people and remove the tax and regulatory boot of government off of their backs by advancing policies that empower the average family with choices, that reward work, and that grow the economy.”

The two categories with F grades are Infrastructure and Health Care; the seven D’s are Business Climate, Tax Burden, Spending & Debt, Employment & Income, Energy, Public Sector labor, and Living & Retirement in Rhode Island; while Education received a C-. Among the 52 sub-categories evaluated, Rhode Island received 19 F’s, 24 D’s, 5 Cs, 3 Bs, and just one lone A.

In a related 1-page brief, the Center also analyzes report card trends over recent years as well as comparisons to grades for other New England states.

The RI Report Card, originally developed for the Center by a national economist, compiles into a single document the state rankings among key economic and social indexes, as published by dozens of credible 3rd party national organizations.

The 2015 report card, with citations, as well as reports from prior years can be downloaded at RIFreedom.org/RIReportCard.

Media Contact:
Mike Stenhouse, CEO
401.429.6115 | info@rifreedom.org

About the Center
The nonpartisan RI Center for Freedom & Prosperity is Rhode Island’s premiere free-enterprise research and advocacy organization. The mission of the 501-C-3 nonprofit organization is to return government to the people by opposing special-interest politics and advancing proven free-market solutions that can transform lives by restoring economic competitiveness, increasing educational opportunities, and protecting individual freedoms.

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