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Janus v. AFSCME and “Weaponizing the First Amendment”

Janus v. AFSCME and “Weaponizing the First Amendment”

Michael J. Yelnosky, dean of the RWU School of Law and professor of law: On June 27, the U.S. Supreme Court announced its 5-4 decision in Janus v. AFSCME. The majority held that the First Amendment prohibited the enforcement of ubiquitous provisions in collective bargaining agreements between public sector labor unions and government employers requiring all employees represented by the union to pay their share of the costs the union incurs when bargaining with the employer on their behalf. In doing…

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Ruling could destroy labor unions as we know them

Ruling could destroy labor unions as we know them

Michael J. Yelnosky, dean of the RWU School of Law and professor of law: On Feb. 26, the Supreme Court of the United States heard arguments in Janus v. AFSCME. A ruling in favor of the petitioner could destroy America’s public sector labor unions as we know them. It may come as a surprise that this existential threat comes not from labor law but from the First Amendment. The high court is poised to rule that state laws authorizing unions…

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