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.


Rhode Islanders need a credible alternative to the status quo and its destructive progressive ideas. You can help.

Click here to find out more >>>

The RI Center for Freedom & Prosperity is the Ocean State’s leading voice against the wreckage caused by our state’s progressive agenda.

As the state’s leading research organization, advancing family and business friendly values… the mission of our Center is to make Rhode Island a better place to call home – to raise a family and to build a career.

While progressives value government-centric, taxpayer-funded dependency… our Center believes in the value of hard work and the free-enterprise system.

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.

Your donation will help us fight the union-progressive movement and, instead, advocate for pro-family, pro-business policies and values.

Please make a generous, tax-deductible gift to support our Center today!

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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.

 

State net neutrality legislation would result in Rhode Island consumers being left fewer choices, higher prices, and deteriorating service. The Center has named Net Neutrality proposals the Progressive Bad Bills Of The Week.

NEW VIDEO: “Net Neutrality” legislation named the Progressive Bad Bill of the Week

FOR IMMEDIATE RELEASE: February 20, 2018

Progressive Net Neutrality Bills Seek to Remedy Problems that Don’t Exist

Government control over the Internet would lead to fewer choices and higher prices for Internet users

Providence, RI — The legislative onslaught by progressive-Democrats against free-markets continues. This time, they are pushing for government control of yet another important aspect of the lives of Rhode Islanders – the Internet – via new proposed “net neutrality” mandates. State net neutrality laws would result in Rhode Island consumers being left fewer choices, higher prices, and deteriorating service. The Center predicts, if passed, this legislation could also trigger costly “interstate commerce” lawsuits.

Tabbed as the “Progressive Land of Make Believe Bad Bill of the Weekin a new post by the Rhode Island Center for Freedom & Prosperity, two related bills, S2008 and H7422, would put unnecessary regulations on Internet Service Providers in Rhode Island.

In the real world, free-market forces, not overly burdensome government regulations, are the best way to ensure ISPs do not harm consumers and do not engage in anticompetitive behavior.


Rhode Islanders need a credible alternative to the status quo and its destructive progressive ideas. You can help.

Click here to find out more >>>

The RI Center for Freedom & Prosperity is the Ocean State’s leading voice against the wreckage caused by our state’s progressive agenda.

As the state’s leading research organization, advancing family and business friendly values… the mission of our Center is to make Rhode Island a better place to call home – to raise a family and to build a career.

While progressives value government-centric, taxpayer-funded dependency… our Center believes in the value of hard work and the free-enterprise system.

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.

Your donation will help us fight the union-progressive movement and, instead, advocate for pro-family, pro-business policies and values.

Please make a generous, tax-deductible gift to support our Center today!

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“The proper role of state and federal governments should be to deter fraud, enforce contracts, and arbitrate disputes. Clear, consistent, and limited government maximizes innovation and competition,” said the Center’s CEO, Mike Stenhouse. “Reliable internet access encourages and accelerates economic growth and development. New government mandates will likely lead to costly litigation because the internet is inherently interstate commerce.”

Stenhouse’s new Youtube interview with Katie McAuliffe of Americans for Tax Reform, led by Grover Norquist, can also be viewed on the post.

The bills, sponsored by Senators Jeanine Calkin and Gayle Goldin, and Representatives Aaron Regunberg and Deb Ruggiero among others, would reimpose unnecessary regulations on Internet Service Providers in Rhode Island, in response to the federal government’s repeal of similar regulations in 2017. The bills would also prohibit state and local governments from purchasing any broadband or internet service from any service provider who does not comply with now defunct federal net neutrality principles.

Other Bad Bills: An interactive table of other progressive bad bill candidates, as well as posts and video commentary on previously tabbed “progressive bad bills of the week” can be found at RIFreedom.org/Bills.

Rhode Island progressives make believe that new net neutrality mandates by the government will not harm interstate commerce. In the real world, free-market forces are the best way to ensure ISPs do not harm consumers.

Progressive Bad Bill Of The Week: Make Believe Net Neutrality

This week we highlight yet another issue where the progressive-Democrats want government to control another aspect of our lives … this time, the Internet … with the issue being Net Neutrality.

Two related bills, S2008 and H7422, introduced by progressive-left Democrats attempts to solve what is nothing more than a make believe problem. Sponsored by Senators Jeanine Calkin and Gayle Goldin, and Representatives Aaron Regunberg and Deb Ruggiero – among others –  the legislation, collectively would:

  1. Reimpose unnecessary regulations on Internet Service Providers in Rhode Island, in response to the federal government repealed such regulations in just last year 2017
  2. Prohibit state and local governments from purchasing any broadband or internet service from any Service Provider who does not comply with now defunct net neutrality principles.

To the left, our access to the internet is at stake. “It is almost impossible for most of us to imagine getting through the day without using the internet. Open and equal access has been an essential cornerstone of this medium, and the FCC’s actions to the contrary amount to a grave threat to online free speech,” said the RI ACLU. “This legislation is an important step in protecting Rhode Islanders from the threats of censorship that the repeal of net neutrality can bring.” Of course, this attitude is pure fantasy.

Other reasons why Net Neutrality proponents are living in a land of make believe:

  • Progressives believe they believe they can see into the future via their “crystal ball” approach. We consider this Make Believe because the left is concerned about what MIGHT happen. These state net neutrality bills, filed in response to the Federal Communications Commission’s (FCC) recent vote to overturn Title II, would result in a number of negative consequences for residents of RI. What is needed is a vs “light touch” approach, where until systematic abuse is documented, the Internet is allowed to continue to expand on its own, with as little government interference as possible.
  • Progressives also pretend Title II Net Neutrality regulations achieved their purported goals, It did not: The now defunct Obama-era federal regulations did not stop any Internet blocking, throttling, or paid prioritization The D.C. Circuit Court said that the Title II internet order did allow ISPs to offer filtered Internet access. Proponents of a public utility-style internet have been inappropriately conflating the principles of net neutrality and Title II, painting the latter, a 1930’s copper wire regulatory scheme in the 1996 Telecommunications Act, as a way to ensure Internet Service Providers (ISPs) are not able to filter data or advantage themselves over their competitors. In reality, Title II would have done nothing to address those dramatized concerns. The D.C. Circuit Court explained that Title II would not have prevented ISPs from offering filtered internet access, and that they are not doing so anyway out of fear that they would lose subscribers.
  • Progressives pretend that other protections don’t exist. The left can have the peace of mind of understanding that existing state and federal laws (the Clayton and Sherman Anti-Trust Acts, for example) already allow Attorneys General and the Federal Trade Commission (FTC) to police ISPs. Bad actors would be in violation of federal anti-trust law, which protects against discriminatory conduct, as well as a host of other federal and state consumer protection laws.
  • Progressives also make believe that new net neutrality mandates by the government will not harm interstate commerce: So-called net neutrality state laws are not only unnecessary, they would be a huge mistake. As w Title II would have made it much more costly and complex for new ISPs to enter the market and for existing ISPs to remain in business, build out their networks, and invest in new technology. Similarly, a patchwork of different state net neutrality laws would result in the same consequences, and would deter ISPs from remaining and expanding in states with such legislation.

The proper role of state and federal governments should be to deter fraud, enforce contracts, and arbitrate disputes. Clear, consistent, and limited government maximizes innovation and competition. Reliable internet access encourages and accelerates economic growth and development. New government mandates will only lead to costly litigation because the internet is inherently interstate commerce.


Rhode Islanders need a credible alternative to the status quo and its destructive progressive ideas. You can help.

Click here to find out more >>>

The RI Center for Freedom & Prosperity is the Ocean State’s leading voice against the wreckage caused by our state’s progressive agenda.

As the state’s leading research organization, advancing family and business friendly values… the mission of our Center is to make Rhode Island a better place to call home – to raise a family and to build a career.

While progressives value government-centric, taxpayer-funded dependency… our Center believes in the value of hard work and the free-enterprise system.

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.

Your donation will help us fight the union-progressive movement and, instead, advocate for pro-family, pro-business policies and values.

Please make a generous, tax-deductible gift to support our Center today!

show less


In the real world, free-market forces, not overly burdensome government regulations, are the best way to ensure ISPs do not harm consumers and do not engage in anticompetitive behavior. A state net neutrality law would only result in RI consumers being left fewer choices, higher prices, and deteriorating service.

Folks, only in the progressive land of make believe are Net Neutrality regulations actually needed and effective.

***

Read more about this issue from from the Mercatus Center at George Mason University. In summary, Mercatus Senior Research Fellow Brent Skorup released new commentary in The Technology Liberation Front titled “Net Neutrality State Laws Are Doomed To Fail.” Highlights include:

  • Splitting the internet into dozens, or even hundreds, of “splinternets,” each with a different local or state regulator will lead to vastly different stances on identical Internet Service Provider (ISP) conduct.
  • Most proposed state and local internet regulations are doomed to fail in courts as they are in violation of well-established law which prohibits regulators from imposing common carrier obligations on non-common carriers.
  • Net neutrality regulations violate ISPs’ First Amendment rights. See a short summary of Skorup’s public comment to the Federal Communications Commission.
The Center questions how many people Mr. Sabitoni would say died because of dog-grooming? Responding to statements from a prominent union leader about if the Center wants to see workers die, we defends the professionally researched policy brief it published last week and decries the knee-jerk, childish reactions from its critics. We call on Sabitoni to make a retraction of his statement.

Center Calls for Retraction of “Fatalities” Statement by Prominent Public Official in Response to its Regulatory Reform Report

FOR IMMEDIATE RELEASE:

February 13, 2018

Serious Debate Encouraged – Not Fear-mongering – When it Comes to Easing Regulatory Burdens on Workers and Employers

Center Calls on Sabitoni to Retract Outrageous Statement

Providence, RI — Responding to statements from a prominent union leader about whether or not the RI Center for Freedom & Prosperity wants to see workers die, the Center defends the professionally researched policy brief it published last week and decries the knee-jerk, childish reactions from its critics.

In its February 13 story on the Center’s RIght To Earn a Living policy brief, the Providence Journal cites a number of quotes from Michale Sabitoni, president of the RI Building & Construction Trades Council, who directly implied that the Center would want to see more industry fatalities.

“It is our Center’s goal to engage in collaborative and thoughtful debate on this important business and economic issue; not to resort to combative and mindless attacks,” advised Mike Stenhouse, CEO for the Center. “Mr. Sabitoni should be careful when it comes to blatant fear-mongering, as Speaker Mattiello and Congressmen Cicilline themselves support regulatory reform. Does Mr. Sabitoni believe they, too, want workers to die? I challenge him to retract his outrageous statement.”


Rhode Islanders need a credible alternative to the status quo and its destructive progressive ideas. You can help.

Click here to find out more >>>

The RI Center for Freedom & Prosperity is the Ocean State’s leading voice against the wreckage caused by our state’s progressive agenda.

As the state’s leading research organization, advancing family and business friendly values… the mission of our Center is to make Rhode Island a better place to call home – to raise a family and to build a career.

While progressives value government-centric, taxpayer-funded dependency… our Center believes in the value of hard work and the free-enterprise system.

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.

Your donation will help us fight the union-progressive movement and, instead, advocate for pro-family, pro-business policies and values.

Please make a generous, tax-deductible gift to support our Center today!

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The Speaker of the House has publicly called for reforms to business regulstions. Also, Congressman Cicilline was quoted in the policy brief as averring that over-licensing “is nothing short of the weaponization of safety requirements against the economic security of working American families.”

The Center questions how many people Mr. Sabitoni would say died because of dog-grooming? Responding to statements from a prominent union leader about if the Center wants to see workers die, we defends the professionally researched policy brief it published last week and decries the knee-jerk, childish reactions from its critics. We call on Sabitoni to make a retraction of his statement.

The Center further questions how many people Mr. Sabitoni would say died because of hairbraider, dog-grooming, or sign-language interpreter accidents… which were the kinds of occupations the report focused on? National research indicates that licensing mandates often mainly serve to protect established businesses from competition, and less so to protect the safety of workers and consumers.

The RIght To Earn a Living report, which provides a philosophical overview of proper and improper occupational licensing practices, also:

  • Highlights the often dubious motives behind specific regulatory mandates
  • Makes a connection to our state’s poor ranking on the Family Prosperity Index
  • Describes many specific examples of over-regulation
  • Includes is a sortable table of Rhode Island’s rank in 102 low-to-moderate-income licensed occupations
  • Summarizes the positive steps that ORR is taking
  • Recommends a number of broad and specific legislative solutions

Additional links to compelling videos and other pertinent information about regulatory reform can be found on the Center’s home page for the occupational licensing issue: RIFreedom.org/RIghtToEarn.