Page 18 - 2018 July Newsletter

Janus – the attack on unions continues
Well, it happened. Just as most legal scholars predicted. Arguably the most significant case
to impact collective bargaining in decades.
On June 27, the Supreme Court, with newly appointed Justice Neil Gorsuch, issued its
5-4 landmark decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31. In what reads as an 83-page manifesto (complete with a scath-
ing dissent), the majority overruled the Supreme Court’s 41-year Abood v. Detroit Board of Education
case, which has held that “non-members” could be required to pay a “fair share” or “agency” fee to cover a union’s cost of nego- tiating a contract covering all the public employees. In doing so, the court made clear that non-union members no longer will be required to pay fees to public sector unions.
Even though employees no longer will have to pay any fees to the unions that represent them, the public sector unions still owe each and every employee a duty of fair representation – members and non-members, alike. For years, union advocates have labeled a non-member who benefits from the union’s rep- resentation as a “freeloader” or “free-rider.” A freeloader is typ- ically defined as “a person who takes advantage of others’ gen- erosity without giving anything in return.” It is foreseeable that union members will resent coworkers who do not pay anything for union representation but enjoy the benefits. This result may divide employees and erode the collective power of a unified work force, leaving long lasting consequences upon worker ca- maraderie.
The good news for Lodge 7 is that this ruling will have mini-
malimpactonmembership.Currently,Lodge7onlyhasonefair sharemember,whileallotherChicagoPoliceOfficers,below the rank of sergeant, are proud active and retired mem- bers. Lodge 7, as you may know, is part of the Illinois FOP State Lodge (which is 31,000 members strong) and part of the National FOP, which is the largest law enforcement union in the country (with more than 325,000 mem- bers). Clearly, there is strength in numbers. Although the Janus decision may negatively affect the strength of other
unions’ voices, Lodge 7’s voice should remain strong.
Participation in Lodge 7’s Legal Defense Plan requires mem- bership in Lodge 7. Particularly in today’s environment, police officers recognize how vital it is to have access to the Legal De- fense Plan. As President Graham announced shortly after the ruling, “Our members need representation for a host of reasons, not the least of which is the fact that we provide legal defense in an era in which accusing the police of misconduct is a cottage in- dustry. We will continue to aggressively represent our members.”
To many in the labor movement however, the Janus decision is another step in the ongoing erosion of organized labor in this country, as well as an attack on working men and women. Unions all across the country, especially in the public sector, re- main under constant scrutiny. In a recent Pew Research Center survey conducted just last year, a majority of Americans, 60 per- cent, approve of labor unions. However, that number has been trending down. In the 1950s, the approval rate had been as high as 75 percent. Currently, 38 percent of Americans disapprove of unions. Interestingly, when one looks at the political affiliations of those numbers, a broader divide exists among the two political parties. Seventy-six percent of Democrats hold a favorable view
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18 CHICAGO LODGE 7 ■ JULY 2018