Law Homework Help

At the heart of recent disputes between labor unions and management is the concept of “Right-to-work.” Simply put the Right-to-Work concept means individual employees shall have the option to contribute dues to their local union and not be “forced” to contribute. Those in favor of Right-to-Work claim freedom of association without paying dues and those opposed state this tactic is used to gut funding to unions. Recently, The Supreme Court of the United States (SCOTUS) weighed in on this issue as it relates to Public Sector Unions only. In Janus v. American Federation of State, County, and Municipal Employees, Council SCOUTS voted by a narrow margin of 5-4 found that the state’s collection of agency fees from nonconsenting public employees was a violation of the First Amendment. This also reversed previous precedent set by the court in Abood v. Detroit Bd. of Education.

Please explain why the court got this correct AND explain why the court was wrong.

Lastly, if you were the 10th justice how would you vote and why?

This link should provide you with details on the case: https://www.oyez.org/cases/2017/16-1466