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As teachers organize in protest across the nation, the Supreme Court is preparing to release a decision that could change laws governing teacher unions. In March, the highest court in the land heard oral arguments for Janus v. AFSCME and plans to issue a decision on this landmark case this summer.
Mark Janus is an educator in Illinois, who disputed mandatory union fees. Illinois is one of 22 fair share states, where collective bargaining is allowed. In these states, teachers who do not join a union are required to pay reduced dues, since both members and non-members benefit from collective bargaining. In contrast, 28 states have right to work laws. In these states, collective bargaining is not permitted, so there is no need for mandatory agency fees. Collective bargaining will end in the other 22 states if the Supreme Court decides in favor of Janus.
This battle began back in 2016, when the Court heard arguments in a similar case, Friedrichs v. California Teachers Association. Justice Antonin Scalia passed away during the decision-making process, so the case was left with a stalemate with a 4-4 decision. The addition of the conservative judge, Neil Gorsuch, is expected to swing the court against labor unions and expected to end collective bargaining.
It comes as no surprise that the collective bargaining issue is characterized by the dominating conservative versus liberal mentality. Interestingly, recent teacher protests demonstrate an unexpected break from the historical political divide surrounding the issue. Oklahoma, Kentucky, West Virginia and Arizona are all characterized as conservative states. These are also right to work states where collective bargaining is banned. Is it possible that this teacher movement will not only change the state of affairs for education spending but also shape the Supreme Court’s ruling on public sector collective bargaining?
As teachers organize in protest across the nation, the Supreme Court is preparing to release a decision that could change laws governing teacher unions. In March, the highest court in the land heard oral arguments for Janus v. AFSCME and plans to issue a decision on this landmark case this summer.
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