The Abood Court fundamentally misunderstood the holding in Hanson, fishing a fishermans prayer i pray that i may live to fish poster which was really quite narrow. As the Court made clear in Street,
fishing a fishermans prayer i pray that i may live to fish poster
First Amendment claims—between those employees’ rights and government entities’ interests in managing their workforces. The majority today misapplies Abood, which properly should control this case. fishing a fishermans prayer i pray that i may live to fish poster Nothing separates, for purposes of that decision, Illinois’s personal assistants from any other public employees. The balance Abood struck thus should have defeated the petitioners’ demand to invalidate Illinois’s fair-share agreement. I respectfully dissent. … Illinois law specifies that personal assistants “shall be paid at the hourly rate set by law” … and therefore the union cannot be in the position of having to sacrifice higher pay for its members in order to protect the nonmembers whom it is obligated to represent. And as for the adjustment of grievances, the union’s authority and responsibilities are narrow, as we have seen.
The union has no authority with respect to any grievances that a personal assistant may have with a customer, and the customer has virtually complete control over a personal assistant’s work. Personal assistants also appear to be ineligible for a host of benefits under a variety of other state laws…. Section 6 of the Illinois Public Labor Relations Act authorizes state employees to join labor unions and to bargain collectively on the terms and conditions of employment. Abood failed to appreciate the conceptual difficulty of distinguishing in public-sector cases between union expenditures that are made for collective-bargaining purposes and those that are made to achieve political ends. In the private sector, the line is easier to see. Collective bargaining concerns the union’s dealings with the employer; political advocacy and lobbying are directed at the government. But in the public sector, both collective-bargaining and political advocacy and lobbying are directed at the government.
18×12, 24×16, 36×24, 48×32