Non-union members search compensation of dues in wake of Supreme Court ruling πŸ—žπŸ‘


The labor motion unions suffered a serious hit to the pocketbook after the U.S. Supreme Court dominated that public sector unions couldn’t drive nonmembers to pay dues β€” and now a few of those that had paid for years say they need their a reimbursement.

Mark Janus, the Illinois state worker who received the Supreme Court case in June, grew to become the newest to demand compensation from the American Federation of State, County and Municipal Employees, for what he estimates is roughly $2,000 in dues he’s owed.

All informed, billions of could possibly be at stake for lots of of 1000’s of presidency staff. But first they must show they’re entitled to gather on the previous funds.

β€œIt’s quite clear workers can go and get refunds for whatever the statute of limitations is in their state,” stated Patrick Semmens, vp of National Right to Work Legal Defense Foundation, who represented Mr. Janus.

Others aren’t so positive, saying the justices didn’t say something about repayments.

β€œIn my view, it’s very unlikely that there will be any retroactivity with respect to this decision, and the reason for that is the Janus decision overruled 41-year-old precedent,” stated Mitchell Rubinstein, a New York based mostly lawyer. β€œIt changed existing law.”

The excessive court docket overturned a 1977 case when it dominated 5-Four in Mr. Janus’ favor. The justices stated Mr. Janus was proper to complain about being compelled to pay dues to a labor union that then used his cash to advocate for public insurance policies on training or well being care that he disagreed with.

The court docket stated the dues had been an infringement on Mr. Janus’ free speech rights.

Justice Samuel A. Alito Jr., writing for almost all, stated dropping entry to non-members’ cash could possibly be β€œunpleasant” for the unions however Americans’ First Amendment rights wanted to be maintained.

β€œIt is hard to estimate how many bil-lions of dollars have been taken from nonmembers and transferred to public-sector unions in violation of the First Amendment. Those unconstitutional exactions cannot be allowed to continue indefinitely,” Justice Alito wrote.

Even earlier than the ruling, Mr. Semmensβ€˜ organization was battling on behalf of Debora Nearman, an Oregon state employee who objected to her union’s dues. She recently settled with Service Employees International Union (SEIU) Local 503 for roughly $3,000, the amount permitted under the statute of limitations in Oregon for claims brought when civil rights are violated.

The National Right to Work Legal Defense Foundation also is representing a class-action lawsuit of more than 30,000 employees in California who are suing the SEIU over its policies, and seeking reimbursement in light of the Supreme Court’s latest ruling.

β€œWe actually estimated for them that the over 30,000 workers could be entitled to over a $100 million in refunds,” Mr. Semmens said.

The class-action appeal is pending before the U.S. Court of Appeals for the 9th Circuit, which held off issuing a decision until the Supreme Court settled the Janus case.

But the union may be more apt to fight the class action all the way to the high court on the issue of repayment, rather than settle a dispute that could cost more than $100 million.

SEIU did not respond to a request for comment.

Another class action in Washington state following the Supreme Court’s ruling also is pending against the Washington Federation of State Employees, according to Fox News.

Mr. Semmensβ€˜ foundation is representing six people seeking a refund from their unions. There are about 20 cases across the country in which nonmembers are seeking repayment.

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