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Tag: exclusive representation

December 12, 2018

The constitutional right to speak for yourself

Public employees are a diverse group. Just as they don't all look alike, neither do they think alike. Under union-backed "exclusive representation" laws, however, they must speak with a single voice: the union's voice. In Massachusetts, four educators employed by the University of Massachusetts are challenging the state law that gives a union the s ...

December 03, 2018

Even lawyers are entitled to First Amendment protection

In Fleck v. Wetch, North Dakota lawyer Arnold Fleck seeks to be free from his forced association with the State Bar Association of North Dakota. After considering his petition for writ of certiorari at eight consecutive conferences, the Supreme Court today granted the petition, vacated the decision below, and remanded for reconsideration in light o ...

July 13, 2017

Liberating workers from compulsory unionism

The very powerful public employee unions in Illinois have long relied on their favored status to garnish wages of workers and "represent" them in politically-fraught negotiations over collective bargaining agreements with the state. The unions' power is so great that state laws allow them to steal wages and purport to speak for workers who are ...

February 27, 2017

Supreme Court won’t consider exclusive representation laws . . . for now

The Supreme Court often prefers that issues "percolate" in the lower courts for some time so that Circuit court and state supreme court judges have an opportunity to address all facets and implications of the arguments prior to high court review. It ensures that the arguments and theories in cases granted by the Supreme Court ...

January 06, 2017

Exclusive representation violates the First Amendment

New York laws and regulations deem family daycare providers (individuals who operate daycare businesses in their homes) to be "public employees" and requires a union to be the daycare providers' exclusive representative for bargaining with (e.g., lobbying) the state over daycare regulations and policies. The workers who are "deemed" public employee ...