March 24, 2023 Breaking News, Latest News, and Videos

Opinion: ‘Janus’ Could Change CA Politics

 

 

Few California primary elections in non-presidential election years have been so anticipated as the one that starts soon, with millions of mail-in ballots arriving in mailboxes long before the official June 5 Election Day.

This vote will yield clues about who will replace Gov. Jerry Brown and begin a new era in state politics. It could also give strong inklings about whether Dianne Feinstein’s long tenure in the U.S. Senate will continue.

Another June event may prove even more important to the future of California’s public affairs. This will come about mid-month, when the U.S. Supreme Court is due to deliver a decision in the landmark Illinois case of Janus vs. American Federation of State, County and Municipal Employees. The case gets its name from Mark Janus, a child-support specialist with his state’s child welfare agency who is challenging the right of the American Federation of State and Muncipal Employees (AFSCME), a huge public employee union, to collect money from workers who don’t share its political views and aren’t union members.

This case echoes the 2016 California case of Friedrichs vs. California Teachers Assn., where Anaheim elementary school teacher Rebecca Friedrichs challenged the CTA’s right to collect money from her.

If Janus wins, politics and civic life in California could change dramatically. For decades, public employee unions have been a driving force in this state’s politics, financially and in providing campaign manpower. They are one big reason for the Democratic dominance in virtually all aspects of state government.

 

Unions also have driven very tough contract bargains, empowered in part by their huge political influence, which sees officials from Brown down through legislative leaders and key members of many county boards of supervisors back them strongly.

Back in early 2016, when the Friedrichs case was argued in Washington, D.C., it was fairly obvious after oral arguments and public discussion by the U.S. Supreme Court that unions would lose on a 5-4 court vote. But Justice Antonin Scalia then died suddenly in a hunting lodge and the court deadlocked, letting unions continue to collect “agency fees” from non-members who are nevertheless covered by contracts they negotiate.

Like Friedrichs, Janus argued this spring that this infringes on his First Amendment rights. And it was again obvious after oral arguments and comments by court members that unions would likely lose on a 5-4 vote, with new Justice Neil Gorsuch replacing Scalia.

One typical comment indicating how this will likely go came from the court’s frequent swing vote, Justice Anthony Kennedy. He blasted unions for advocating “massive government, increasing bonded indebtedness, increasing taxes.”

Recognizing that a Janus/Friedrichs win is virtually certain, Brown and union-allied legislators created a state law giving public employee unions the right to meet and sign up new workers at least every 120 days. Union leaders said this is crucial for them, as they expect soon to need to shore up worker solidarity.

But things may not go quite as desired by the big business interests (including major Republican donors like Charles and David Koch, owners of Koch Industries) who have bankrolled both Janus and Friedrichs.

Forced union dues from non-members may stop, but as they do whenever their backs are to the wall, unions can be expected to become more militant. This could mean many more public employee strikes, including bus and light rail drivers, sanitation workers, Department of Motor Vehicles clerks, court workers, Caltrans road repair workers and many more.

That would be the end of a long era of labor peace essentially brought about by unions’ political domination. For unions may believe they need to drive ever tougher bargains in order to increase worker loyalty and drive membership up.

Plus, the movement away from compelling payment from those who don’t like what’s being done with their money could spread. There could be new objections to bar association dues, student fees, continuing education for doctors and other professionals and other currently required expenses that have essentially been justified by the same arguments as agency fees.

There could even be more tax resistance on free-speech grounds from persons opposed to government policies.

So Janus, like Friedrichs, is a potential can of worms, a Pandora’s Box whose backers and the Supreme Court may come to regret having opened.

 

Related Posts

California Appeals Court Rules Uber and Lyft Can Classify Drivers as Independent Contractors

March 24, 2023

March 24, 2023

Proposition 22 exempted ride-share companies from certain labor laws, court rules in favor of the companies By Sam Catanzaro ​​A...

Film Review – Operation Fortune: Ruse de Guerre

March 24, 2023

March 24, 2023

FILM REVIEWOPERATION FORTUNE: Ruse de GuerreRated R114 MinutesReleased March 3rd Now that the season of weighty Oscar contender films is...

Santa Monica Uses Innovative Water Recycling Facility to Capture and Store Rainwater

March 23, 2023

March 23, 2023

City’s Sustainable Water Infrastructure Project reducing reliance on imported water and sets a model for future projects Santa Monica has...

Shuttered Santa Monica Loews Hotel to Rebrand and Reopen as a Regent Hotel

March 23, 2023

March 23, 2023

Hotel’s new operator announces plans for $4 million renovation, including rebranding and upgrading accessibility for guests with disabilities By Dolores...

Three Arrested for Identity Theft, Possession of Stolen Property, and Grand Theft in Santa Monica

March 23, 2023

March 23, 2023

Suspects found with over 20 stolen cellphones, credit cards, and identification Three individuals were arrested in Santa Monica for identity...

Proposal for Improved Communication With Street Vendors Sparks Contentious Debate in City Council Meeting

March 23, 2023

March 23, 2023

Councilmembers divided over proposal calling for City Manager to engage in meaningful consultation with authorized vendors regarding sidewalk vending policies...

Former Bank Building in Santa Monica Becomes a Food Destination with Addition of Katsu Bar

March 23, 2023

March 23, 2023

Katsu Bar joins Paderia and Oakberry in the transformation of the 3032 Wilshire building By Dolores Quintana Katsu Bar has...

Survey: Should Officials Remove Barriers to Outdoor Dining?

March 23, 2023

March 23, 2023

The COVID-19 pandemic drastically changed the way we live our lives, and one of the most significant impacts has been...

Gasolina Cafe Owner, Sandra Cordero, to Open New Tapas Bar in Santa Monica

March 23, 2023

March 23, 2023

Tapas bar expected to open late spring in former Heroic Italian space at 516 Santa Monica Boulevard  Sandra Cordero, the...

California’s AB 1217 Could Supersede Costly Outdoor Dining Permits Proposed by Municipalities

March 22, 2023

March 22, 2023

Legislation would preempt local ordinances and preserve regulatory flexibility for struggling neighborhood restaurants By Sam Catanzaro A new bill proposed...

Emerging Artist Jesse Liu Opens First-Ever Exhibition in Venice Gallery

March 22, 2023

March 22, 2023

“Spring Fever” currently on display at Yiwei Gallery By Keemia Zhang Local artist Jesse Liu has opened her first solo...

Santa Monica Place Invites LGBTQIA+ Artisans to Apply for Made With PRIDE Marketplace

March 21, 2023

March 21, 2023

Partnering with Streetlet, the marketplace will take place each weekend in June and showcase local goods made in Southern California....

Santa Monica Councilmember Phil Brock Appointed to National League of Cities Council on Youth, Education, and Families

March 21, 2023

March 21, 2023

Brock to collaborate with group of local leaders to develop and guide programs for communities across the country Santa Monica...

Santa Monica Receives $70,000 Donation From Kiwanis Charities for Scoreboards in Two Parks

March 21, 2023

March 21, 2023

Donation will fund the installation of new scoreboards at Historic Belmar Park and Los Amigos Park The Santa Monica City...

Should Santa Monica Close the Airport?

March 21, 2023

March 21, 2023

Santa Monica City Council recently voted to begin the process of closing Santa Monica Municipal Airport. The decision was kick-started...