The addition of Neil Gorsuch has given conservatives the decisive edge on the Supreme Court that they have sought for many years.
The Janus case is likely to slash the resources of unions. Another case will be a setback for minimum wage workers, those who labor for $7.25 an hour.
These cases together will widen economic inequality and shift greater power to corporations.
“The Supreme Court on Thursday agreed to hear a case that could deal a crushing blow to organized labor.
“It was one of 11 cases the justices added to the court’s docket from the roughly 2,000 petitions seeking review that had piled up during the court’s summer break.
“In the labor case, the court will consider whether public-sector unions may require workers who are not members to help pay for collective bargaining. If the court’s answer is no, unions would probably lose a substantial source of revenue.
“The question was before the justices last year in Friedrichs v. California Teachers Association, and they seemed poised to rule against the unions when the case was argued in January 2016. But the death of Justice Antonin Scalia the next month resulted in a 4-to-4 deadlock.“
The minimum wage case may inflict devastating harm on low wage workers.
Slate reports:
“In recent years, the nationwide Fight for $15 movement has succeeded in persuading several states and cities to raise their hourly minimum wages well above the federal minimum of $7.25. But the effort to ensure a living wage for workers may be headed for a serious setback in the U.S. Supreme Court. Depending on how they rule in a case set for argument next week, the justices could make it much more difficult for millions of workers to secure even the meager wages guaranteed by existing federal law.
“On Monday, the day that kicks off the Supreme Court’s new term, the justices will hear arguments in three consolidated cases with far-reaching implications for wage-earners. The cases—Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and National Labor Relations Board v. Murphy Oil USA, Inc.—are all about whether employers have the right to compel workers go through onerous individual arbitration proceedings in order to bring labor law claims. If the justices answer that question in the affirmative, then the affected workers will—as a practical matter—find it nearly impossible to win back pay in cases involving wage law violations.
“In the typical case involving wage law violations—such as when a firm makes employees work off the clock, pays less than the minimum wage, or fails to pay extra for overtime—plaintiffs bring what’s called a collective action (similar, but not identical to, a class action) in order to recover back pay from a common employer. Each worker’s claim might be worth only a few hundred or few thousand dollars, but when the defendant is a large firm with lots of similarly situated employees, the collective action might be worth millions. So while virtually no lawyer would want to take on an individual case on behalf of such a plaintiff, it’s much easier to find competent counsel to litigate a potentially more lucrative collective action.
“To pre-empt this possibility, more and more firms are inserting individual arbitration clauses into employee contracts. These clauses require employees to pursue workplace-related claims before private arbitrators rather than in federal or state court. These clauses also, critically, require employees to pursue their claims individually rather than through collective actions.”
These are victories long sought by the most reactionary elements of the most powerful elites in America. ALE, the Koch brothers, the DeVos family, and all those collectively known as “Dark Money” are close to achieving one of their most cherished goals, the victory of capital over labor.
Have no fear the free market will come to the rescue . Or the guillotine.
The Corporate Oligarchy State rolls on, over workers and their rights.
Anyone who still believes the U.S. is a “democracy” is as delusional as Herr Trump.
The US is a Themocracy
US vs Them
And a DAMocracy (devalue added model)
Chief Justice Roberts finally has the majority to show his deep respect for stare deci$i$
“Stare Deci$i$”
From “stare decisis”
To “stare pecunia”
The Stars, they decide this
With Roberts, they ruin ya
The voters that Michael Moore speaks about don’t sound like the wealthy. What are they thinking about this? Sounds to me like the wealthy gains, not working folks.
2000 petitions and the supreme court takes the Janus case as one of 11 cases to be heard this year???? Wow, we are now living in a totally corrupt country and their definitely is a conspiracy out there. When you have corrupt courts you now have a country on the verge of collapse, no doubt about it.
This is something new?
These decisions will set workers’ rights back a hundred years. All the hard fought gains of the 20th century will be on the chopping block as the oligarchy gains more power.
I do not know how to break this to you. They went on the chopping block in 1947 and 59 . It just took time policy to succeed.
5 years before Ronald Reagan the Washington Post marveled at its Union busting techniques. The “LIBERAL WAPO” . really!!!!
It was not the Republicans who defeated labors best chance to reverse the slide in 2008. It was Obama and Feinstein .
Can I just go throw up now.
The swamp does need to be drained and it includes both parties and the Orange buffoon.
for policy
Agreed. Obama did nothing when Walker stripped teachers of their rights in Wisconsin. He made a quiet, weak comment that it “sounded like union busting to him.” The neoliberals do not support labor, but Democrats love labor during campaign season, but their lies are wearing thin.
Another awkward moment for Democrats while they pretend to support labor unions but will be cheering this decision.
Phonies.
Are Democratic politicians planning on continuing to mislead rank and file labor union members on support of labor rights?
It’s dishonest. Stop lying to them and using them. Tell the NO ONE in DC supports labor rights, because that’s the truth.
The Best and Brightest have no use for labor unions. They don’t work in these jobs and they don’t know anyone personally who does.
They don’t care about “wages”. If they did they would have done something a long time ago.
You are on your own. Vote for them or don’t vote for them, but don’t expect them to help or support you- they won’t. They think you’re dumb suckers who keep them in office NO MATTER what they do. Do you really think Joe Biden cares whether teachers make 15 dollars an hour? He doesn’t.
My middle son is in a private sector union and I tell him to vote for whomever he wants but not to kid himself- these people could care less if he makes 8 dollars an hour or has an unsafe workplace. His work is SO FAR from their experience he may as well live on the moon.
I told him to join the union because his work can be dangerous and they’re the only people who enforce safety regulations. His “representatives” in DC or Columbus? They could care less if he gets electrocuted. He says he NEVER sees a regulator on a work site- NEVER. They’ve gotten rid of labor unions WHILE gutting health and safety regulations.
You are on your own. Join a union. It is the one and only protection you have left.
Your sons Union is under a massive nation wide assault. Its market share of work is way down. In 42 years on some of the largest projects
in NYC . I saw an OSHA rep once after a series of near fatal accidents on one of the largest projects in the country. Reagan took care of that problem (OSHA) years ago.
The NYC Local of your sons Union got a special call out from the Orange buffoon for booing the A$$ in Chief when they were supposed to be blowing kisses at him.
However Unions are not the answer to what we see now, although the Union movement may be. Figure that one out.
Ed reform should start preparing the celebrations right now.
Destroying the last vestiges of labor unions in US? Mission Accomplished!
The Obama Administration must be proud. All the nonsense they spouted to the rank and file for 8 years? Pure BS. They didn’t mean a word of it. They needed your vote so they used you and discarded you.
Wages for charter teachers will drop the moment ed reform succeeds in gutting teachers unions.
You’ll be able to watch them fall almost in real time. It will be too late but all those charter teachers who are anti-union? They’re free riders. Their wages are kept high by the teachers who are in labor unions.
They’ll soon find this out.
They’ll probably succeed in getting rid of unions in schools so teachers should start looking to laws on overtime.
Teachers were exempted from a lot of overtime rules because they had union contracts and exemptions apply for “learned” professions.
They’re setting this up so they can screw you both ways- you won’t have a contract AND you’ll be exempt from overtime.
Study up on labor laws! You are going to need to. At least get ordinary overtime. Don’t let them rob you blind.
Diane, can we really take a look at this commenter Chiara. I believe this commenter puts out too much negative information regarding public schools. Her comments focus too much on the negative aspects of the current situation in education today and the comments almost always are like there is no way out. Chiara’s comments are always gloom and doom without any answers or possible solutions.
Further, this blogger never answers any replies making me to believe that this commenter is not a real person of such. So, not to make a big deal about this commenter but it can be quite annoying for the commenters who are regulars on this web site. Chiara’s continued weak comments without any sort of fight back is exactly what the reformers think when they look at people in the education industry. So, can we have some sort of update or change with this commenter?? Tired of the gloom and doom mentality.
Chiara,
You have been called a doom and gloom troll.
Please respond.
I asked you last week to show some willingness to fight back, and you did not answer.
Please answer.
Quite possibly Chiara is a planted troll for some sort of anti education organization with the goal to just post gloom and doom posts. Evidence in her writing in that when this person posts anything it usually follows with 2 or 3 other posts. Hmnnn, Take note Diane.
Well, yes…that’s a possibility.
Do you normally post under the name of “Chiara Fake?”?
“So, not to make a big deal about this commenter . . . . ”
Too late for that.
What’s up with your vendetta against this longtime commenter? That’s what needs looking into.
“Chiara no comment”:
Are you friends with “Chiara fake?”? You seem to share the same issues with good ol’ “Chiara”.
While I agree that Chiara’s posts aren’t the most upbeat, I’d also have to clarify:
1) There’s a LOT of not so “upbeat” stuff that teachers have been dealing with in the past couple of decades. Chiara’s got valid points…even if it does seem doom and gloom to you and others.
2) Chiara isn’t slamming public schools. She’s down on the education reform movement and the way that it’s EFFECTING our public schools and our teachers unions. Big difference there.
I have no idea why Chiara’s not answering your posts. Do you disagree with her premise that there’s a very strong movement to destroy our unions and, thereby, lower the pay and working requirements/standards of teachers?
When I read dark news like this I only think of Thomas Jefferson’s advice about what the people must do to nourish the tree of liberty. That mentally ill monster in Las Vegas was shooting at the wrong people. These angry, crazy shooters and mass murderers are always shooting at the wrong people.
Who should he have been shooting at?
I’m not talking about who “we” should be shooting at, but who these crazy shooters, these mass killers, should be shooting at. For instance, anyone that belongs to ALEC.
You can read a “cliff’s notes” version of the Janus v. AFSCME case at
https://www.oyez.org/cases/2017/16-1466
The minimum wage cases are Epic Systems v. Lewis. see
https://www.oyez.org/cases/2017/16-285
and
NLRB v. Murphy Oil USA see
http://www.scotusblog.com/case-files/cases/national-labor-relations-board-v-murphy-oil-usa-inc/
Serfs. That is seemingly their goal. Get the money to the top 1% or one tenth of 1%.
Money is more important than people. That philosophy leads us to the point where there is a pile of money and no people.
There is so VERY much that leads to cynicism in government now.
People should be concerned. The French revolution was not pretty and has been emulated historically many times. When the pressure really builds up and the “pot finally boils over”, it is not something to look forward to with anything but dread.
This may end up strengthening unions in the long run. After recent “right to work” laws in red states, union membership stayed much stronger than expected. Trying to trip up unions is ideologically the wrong thing to do, but the impact will be minimal. Also, there will be lawsuits from due paying union members against others who benefit from union negotiations without paying for the benefit.
The game is rigged. It has been for a long time. We happen to be part of a generation that had some success changing things…but now big money wants to take back what they deem as ‘their own”.