The task is clear, yet difficult: Public-employee unions must demonstrate to workers the benefits of union representation and the power of collective bargaining.
The U.S. Supreme Court ruled last month in Janus v. American Federation of State, County and Municipal Employees that public employees cannot be compelled to pay union dues, even if they reap the benefits of union representation. The decision is a clear victory for conservatives who long have opposed public unions, and it sharply alters the dynamic of public-sector unions.
Union membership in the private sector has dropped precipitously in recent decades, leaving public-employee unions as the most important bastion of collective representation. In overturning a 1977 Supreme Court decision, the ruling sided with the free-speech argument that employees should not be forced to support unions whose positions they might not agree with. Representing the minority in the 5-4 decision, Justice Elena Kagan warned that the decision was “weaponizing the First Amendment in a way that unleashes judges, now and in the future, to intervene in economic and regulatory policy.”
While we can understand arguments on both sides of the issue, it is disconcerting that the court would brazenly overturn four decades of precedent. That being said, it is now incumbent upon public unions to make their case in the marketplace of ideas and convince employees of the benefits provided by collective bargaining.