Richardcyoung.com

The Online Home of Author and Investor, Dick Young

  • Home
  • Debbie Young
  • Jimmy Buffett
  • Key West
  • Your Survival Guy
  • How We Are Different
  • Paris
  • About Us
    • Foundation Principles
    • Contributors
  • Investing
    • You’ve Read The Last Issue of Intelligence Report, Now What?
  • The Great Reset
  • The Swiss Way
  • My Rifles
  • Dividends and Compounding
  • Your Security
  • Dick Young
  • Dick’s R&B Top 100
  • Liberty & Freedom Map
  • Bank Credit & Money
  • Your Survival Guy’s Super States
  • NNT & Cholesterol
  • Your Health
  • Ron Paul
  • US Treasury Yield Curve: My Favorite Investor Tool
  • Anti-Gun Control
  • Anti-Digital Currency
  • Joel Salatin and Alfie Oakes
  • World Gold Mine Production
  • Fidelity and Vanguard Since 1971

Will Public-Sector Employees Win the Right to Choose?

January 13, 2016 By E.J. Smith - Your Survival Guy

The oral arguments have been heard by the Supreme Court Justices in Friedrichs v. California Teachers Association. The case pits public sector employees against their unions, which they have no choice but to join and pay dues to. Here The Cato Institute’s Ilya Shapiro breaks it down:

The conventional wisdom is that Justice Scalia is the swing vote in Friedrichs v. California Teachers Association, but he gave no indication at this morning’s argument that he was anywhere but on the plaintiffs’ side. Chief Justice Roberts and Justice Kennedy – other potential defectors from the pro-workers, anti-compelled-speech side – were similarly solid. With Justice Alito having written the two recent labor-related opinions, the most likely fifth vote for the unions (supported by California and the United States) becomes Justice Thomas, but only because he said nothing, as is his wont.

Not surprisingly, the biggest issue for the more conservative justices was the matter of compulsion: why should non-union members in the public sector be forced to pay “agency fees” for so-called collective bargaining when (a) all issues that are collectively bargained by public-sector unions are matters of public policy (not simply wages and conditions of labor as in the private sector), and (b) those workers disagree with the supposed “benefits” that the unions want them to pay for (e.g., tenure protections versus merit pay). “Is it even okay to force someone to contribute to a cause you do believe in?”, asked Justice Scalia. “We’re not talking about free riders, but compelled riders,” posited Justice Kennedy.

“Since public employment contracts are submitted for public comment, that suggests this is different than private-sector collective bargaining,” explained Chief Justice Roberts, who was silent during the plaintiffs’ half of the argument and an active questioner of the union and governments (typically a sign of agreement with the former and disagreement with the latter).

While the progressive justices focused on the importance of stare decisis – respecting precedent and the reliance interests built up around it – that didn’t appear to be a major concern for anyone else, regardless of the age of the ruling that’s now under attack (Abood v. Detroit Board of Education from 1977). “Everything that’s collectively bargained [in the public sector] is necessarily a political question,” thundered Justice Scalia in describing why a ruling to strike down agency fees would even comport with Abood’s statement that states can’t force workers “to contribute to the support of an ideological cause [they] may oppose as a condition of holding a job.”

In other words, to the extent we can predict anything based solely on oral argument – take this with a mine of salt – I’d much rather be us (those who support the teachers) than them (those who support the teachers’ union and state and federal governments). If that’s how the case goes, it would be a huge victory for workers’ rights, the First Amendment, and educational freedom – and probably the most important ruling this term.

We’ll find out by the end of June.

Related Posts

  • Time to Move Public Sector Workers into a 401k
  • What Public-Sector Union Leaders Don’t Want You to Know
  • Scott Walker Delivers Bone-Crunching Punch to America's Public-Sector Unions
  • Author
  • Recent Posts
E.J. Smith - Your Survival Guy
E.J. Smith is Founder of YourSurvivalGuy.com, Managing Director at Richard C. Young & Co., Ltd., a Managing Editor of Richardcyoung.com, and Editor-in-Chief of Youngresearch.com. His focus at all times is on preparing clients and readers for “Times Like These.” E.J. graduated from Babson College in Wellesley, Massachusetts, with a B.S. in finance and investments. In 1995, E.J. began his investment career at Fidelity Investments in Boston before joining Richard C. Young & Co., Ltd. in 1998.

E.J. has trained at Sig Sauer Academy in Epping, NH, NH, where he completed course-work in Practical and Defensive Handgun, Conceal Carry Pistol, Shotguns, Precision Scope Rifle and Kidnapping Prevention.

E.J. plays a Yamaha Recording Custom drum set with Zilldjian cymbals. His first drum set was a 5-piece Slingerland with Zildjians. He grew-up worshiping Neil Peart (RIP) of the band Rush, and loves the song Tom Sawyer—the name of his family’s boat, a Grady-White Canyon 306. He grew up in Mattapoisett, MA, an idyllic small town on the water near Cape Cod. He spends time in Newport, RI and Bartlett, NH—both as far away from Wall Street as one could mentally get. The Newport office is on a quiet, tree lined street not far from the harbor and the log cabin in Bartlett, NH, the “Live Free or Die” state, sits on the edge of the White Mountain National Forest. He enjoys spending time in Key West (RIP JB) and Paris.

Please get in touch with E.J. at ejsmith@yoursurvivalguy.com

Click here to sign up for my free monthly Survive & Thrive letter.
Latest posts by E.J. Smith - Your Survival Guy (see all)
  • “You Didn’t Eat That Again, Did You?” - September 26, 2023
  • Your Survival Guy Fishing with Dolphins - September 25, 2023
  • Wellington and Wellesley Funds Not Managed by Vanguard - September 22, 2023

Dick Young’s Must Reads

  • The Worst President in American History
  • Sen. Hawley Makes the Case Against U.S.-China Relationship
  • Why Investors Should Forget Prices and Focus on Income
  • Are You Prepared to Run Out of Water?
  • In Chicago, Education Connects the Dots
  • Democracy & Diversity: Not In the Constitution
  • TOP HEAVY: Focus on Big Indexing Could Cause Market Chaos
  • 751 “No-Go” Zones in France
  • Yes! Money Can Bring You Happiness
  • Richard Feynman Solved the Space Shuttle Disaster Mystery

Compensation was paid to utilize rankings. Click here to read full disclosure.

RSS Youngresearch.com

  • “You Didn’t Eat That Again, Did You?”
  • Your Survival Guy Fishing with Dolphins
  • The Single Worst Market Timing Event in History
  • Government Intervention Begets More Intervention
  • Wellington and Wellesley Funds Not Managed by Vanguard
  • Inflation Could Kill Social Security
  • Will the Fed Hold Up Its End of the Bargain?
  • Should America Move Closer to the Saudis, or Push them Away?
  • Don’t Ask Me When to Haul Your Boat
  • Robot Warehouses Need Better Internet

RSS Yoursurvivalguy.com

  • “You Didn’t Eat That Again, Did You?”
  • Is McCarthy Up to the Task?
  • Rising Costs Are Hammering Commercial Real Estate
  • Your Survival Guy Fishing with Dolphins
  • Judge Shatters California High Capacity Magazine Ban
  • Is Your Water Safe to Drink? NOLA Residents Aren’t Sure
  • Wellington and Wellesley Funds Not Managed by Vanguard
  • Remembering Jimmy Buffett: The Oldest Surfer on the Beach
  • The Folly of Windmills from Nowhere USA
  • NYC Rolling Out the Robocops

US Treasury Yield Curve: My Favorite Investor Tool

Five Year Treasury Yield

Fighting Russian Power with a Hill of Crosses

“You Didn’t Eat That Again, Did You?”

Does Donald Trump Need the Pro-Life Vote?

What’s Happening with Iran?

Copyright © 2023 | Terms & Conditions | About Us | Dick Young | Archives