In which SCOTUS agrees with FDR

Today the Supreme Court ruled on compulsory government sector union fees, recognizing such fees as a First Amendment issue about compelled political speech. To summarize:

JANUS v. AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES

States and public-sector unions may no longer extract agency fees from nonconsenting employees. The First Amendment is violated when money is taken from nonconsenting employees for a public-sector union; employees must choose to sup- port the union before anything is taken from them. Accordingly, nei- ther an agency fee nor any other form of payment to a public-sector union may be deducted from an employee, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay.

This opinion essentially agrees with that of famous Progressive Franklin Roosevelt:

All Government employees should realize that the process of collective bargaining, as usually understood, cannot be transplanted into the public service. It has its distinct and insurmountable limitations when applied to public personnel management. The very nature and purposes of Government make it impossible for administrative officials to represent fully or to bind the employer in mutual discussions with Government employee organizations. The employer is the whole people, who speak by means of laws enacted by their representatives in Congress. Accordingly, administrative officials and employees alike are governed and guided, and in many instances restricted, by laws which establish policies, procedures, or rules in personnel matters.

There is no such thing as a “public-sector” union. There are government unions, of which the public is the employer, where bureaucrats “negotiate” among themselves, and a third party payer is stuck with the results.

When you name such unions “government unions”, it’s much easier to understand that government “management” and government “labor” have common goals and the employer doesn’t even have a seat at the table.

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