Supreme Court’s 4-4 split vote on “fair share fees” or “Agency Fees” a win for Nurses?

How might this be to your benefit? At issue was the idea that an employees’ rights were violated because of a requirement for “fair share fees” are required rather than voluntary. Had the case been won rather than tied, many employees would have directly benefited from the collective bargaining power of unions without contribution; this would have placed an unfair burden on dues paying union members. While union membership remains voluntary, the benefit of their efforts to uphold fair wages, influence workplace safety, improve working conditions, and to provide many other benefits has been upheld by this tied vote. Non-member employees will continue to contribute their support for union leadership and a limited set of protections, but will be required to pay proportionally.

How does this impact your day-to-day work as a nurse? In short, for the time being, you don’t need to worry about “free loading” at your work site. We strive daily to encourage teamwork, collaboration and safety; this decision to uphold a lower court’s 1977 ruling that beneficiaries of union bargaining must pay their fair share. This puts to rest the threat of unfair contribution for the shared benefits we’ve all worked so hard to acquire…for now, at least.

Here are a few articles which further explain the issues and events leading up to this monumental decision by our Supreme Court:

  • In The Los Angeles Times – David Savage’s article describes this decision as a “life-or-death” case for public employee unions
  • The New York Times – Lays out the impact of the late Justice Antonin Scalia’s passing on the mood of the court with respect to union influence in the political process
  • CNN’s report explains how “the vast majority of issues on which the unions bargain are of interest to all union and non-union employees alike” and further details the potential impact had the case been decided in favor or the petitioners

It’s possible, for this issue to circle back following the successful appointment of a 9th Justice of The Supreme Court of The United States. The Center for Individual Rights, according to Terrance Pell, issued a press release stating “We believe this case is too significant to let a split decision stand and we will file a petition for re-hearing with the Supreme Court.” Understanding both sides of this issue will help nurses understand more about what opponents of “fair share” fees are contesting. While SEIU Nurse Alliance of California respects the opinions of the petitioners, the practical reality is that there are distinct benefits enjoyed by all as a result of the union’s efforts on all fronts; political, professional and practical. For this ubiquitous benefit, the costs must be fairly distributed.

Members of The SEIU Nurse Alliance of California are encouraged to stay informed about this important issue and to promote awareness among co-workers about the benefits of membership – beyond collective bargaining – include; workplace safety education, professional development, and anti-discrimination legislation. “We stand up for working families and protect the interests of both patients and health care professionals. Staying informed is staying involved.” – Ingela Dahlgren, RN, Executive Director of SEIU Nurse Alliance of California

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