1 00:00:00,080 --> 00:00:02,880 Speaker 1: Now is time for our daily Bloomberg lab Breefe exploring 2 00:00:03,080 --> 00:00:05,160 Speaker 1: legal issues in the news. It's brought to you by 3 00:00:05,200 --> 00:00:09,760 Speaker 1: American Arbitration Association. Business disputes are inevitable, resolve faster with 4 00:00:09,840 --> 00:00:14,080 Speaker 1: the American Arbitration Association, the global leader and alternative dispute 5 00:00:14,080 --> 00:00:17,319 Speaker 1: resolution for over ninety years. More at a dr dot 6 00:00:17,440 --> 00:00:21,360 Speaker 1: org and today Bloomberg Lahos. Jon Grasso discusses the Supreme 7 00:00:21,360 --> 00:00:25,000 Speaker 1: Court's decision to re hear a case about mandatory union 8 00:00:25,160 --> 00:00:28,240 Speaker 1: fees after the High Court deadlocked on the same case 9 00:00:28,280 --> 00:00:31,520 Speaker 1: in sixteen. She speaks with Steve Sanders, a professor at 10 00:00:31,560 --> 00:00:35,760 Speaker 1: the University of Indiana Marrow School of Law. Steve described 11 00:00:35,800 --> 00:00:41,240 Speaker 1: the basic issue here, Urgeon. The basic issue is if 12 00:00:41,280 --> 00:00:44,640 Speaker 1: you belong to a union. Of course, um, you pay dues, 13 00:00:44,720 --> 00:00:48,120 Speaker 1: and it's understood that your membership fees not only defray 14 00:00:48,200 --> 00:00:51,519 Speaker 1: the cost of the union representing you and negotiating on 15 00:00:51,560 --> 00:00:55,360 Speaker 1: your behalf, but sometimes unions also engage in political activities 16 00:00:55,400 --> 00:00:59,560 Speaker 1: and take political stances. Um, what's an issue here are 17 00:00:59,640 --> 00:01:02,639 Speaker 1: the fee is paid by non members of unions who 18 00:01:02,640 --> 00:01:07,080 Speaker 1: are still nonetheless represented by the union in their workplace. 19 00:01:07,120 --> 00:01:10,120 Speaker 1: And these are we're talking here about government employees, public 20 00:01:10,160 --> 00:01:14,000 Speaker 1: sector employees, not in this case, private employees. UM. The 21 00:01:14,040 --> 00:01:16,800 Speaker 1: Supreme Court set in nineteen seventy seven that people in 22 00:01:16,840 --> 00:01:19,320 Speaker 1: that position, non members of a union who are still 23 00:01:19,319 --> 00:01:23,080 Speaker 1: represented by the union, cannot be compelled to pay for 24 00:01:23,120 --> 00:01:27,160 Speaker 1: any political activities the union engages in, like endorsing a 25 00:01:27,200 --> 00:01:30,720 Speaker 1: candidate or taking a position on abortion rights or same 26 00:01:30,760 --> 00:01:34,720 Speaker 1: sex marriage, but they can be required to pay a 27 00:01:34,760 --> 00:01:39,039 Speaker 1: fee to defray their fair share of the costs of 28 00:01:39,080 --> 00:01:42,560 Speaker 1: the union directly representing them and bargaining on their behalf. 29 00:01:42,680 --> 00:01:46,360 Speaker 1: The argument is if people could opt out of that um, 30 00:01:46,520 --> 00:01:48,920 Speaker 1: no one would actually want to pay the fee, and 31 00:01:49,000 --> 00:01:52,240 Speaker 1: the union would go bankrupt. It's a sort of collective 32 00:01:52,240 --> 00:01:55,560 Speaker 1: action problem or a free rider problem. The laws of 33 00:01:55,640 --> 00:01:59,560 Speaker 1: here was originally filed by Illinois Republican Governor Bruce Rowner, 34 00:02:00,280 --> 00:02:03,520 Speaker 1: So in March, the conservative wing of the Court did 35 00:02:03,560 --> 00:02:07,360 Speaker 1: not have a fifth vote because Justice antonin Scalia had 36 00:02:07,360 --> 00:02:12,560 Speaker 1: passed away. Are they practically guaranteed that fifth vote from 37 00:02:12,600 --> 00:02:15,840 Speaker 1: justice schools, which I think most people would expect that. 38 00:02:15,880 --> 00:02:20,200 Speaker 1: I don't think there's anything in Justice Gores, such as jurisprudence, 39 00:02:20,240 --> 00:02:24,080 Speaker 1: that would make him anything other than a reliable vote 40 00:02:24,160 --> 00:02:27,799 Speaker 1: for the Court's conservatives on this point, as Justice Scalia 41 00:02:27,880 --> 00:02:30,919 Speaker 1: would have been was expected to be in this case. 42 00:02:30,960 --> 00:02:35,960 Speaker 1: Sometimes originalism, which is the philosophy Justice Gore such subscribes 43 00:02:36,040 --> 00:02:39,200 Speaker 1: to le can lead you to different results. But I 44 00:02:39,240 --> 00:02:42,520 Speaker 1: think everyone assumes that Gore, such as Justice Corsages vote 45 00:02:42,760 --> 00:02:45,160 Speaker 1: will be gotten here. That the Roberts Court is a 46 00:02:45,280 --> 00:02:49,920 Speaker 1: very strong First Amendment court anyway. Uh, and so in 47 00:02:49,960 --> 00:02:52,960 Speaker 1: some sense of ruling against the union and in favor 48 00:02:53,000 --> 00:02:57,240 Speaker 1: of the worker would be consistent with that that. Steve Sanders, 49 00:02:57,240 --> 00:03:00,480 Speaker 1: a professor at the University of Indiana mar School of Law, 50 00:03:00,520 --> 00:03:03,080 Speaker 1: speaking at the Bloomberg Lah host joom Grasso. You can 51 00:03:03,120 --> 00:03:05,639 Speaker 1: listen to Bloomberg Law weekdays at one pm Wall Street 52 00:03:05,680 --> 00:03:08,760 Speaker 1: Time here on Bloomberg Radio Now. Among the top legal 53 00:03:08,800 --> 00:03:13,800 Speaker 1: stories from Bloomberg Law, Chicago is accusing Equifax of violating 54 00:03:13,800 --> 00:03:16,680 Speaker 1: state law and the city is consumer Fraud Ordinance by 55 00:03:16,919 --> 00:03:19,560 Speaker 1: not protecting residents from the hack that affected about a 56 00:03:19,600 --> 00:03:23,760 Speaker 1: hundred forty three million people nationwide. Mayor Ram Emmanuel announced 57 00:03:23,800 --> 00:03:27,480 Speaker 1: the complaint filed yesterday in state court. San Francisco's city 58 00:03:27,480 --> 00:03:30,919 Speaker 1: attorney file a similar complaint on Tuesday, and that's this 59 00:03:31,040 --> 00:03:33,560 Speaker 1: morning's Bloomberg Law Brief. You can find more illegal news 60 00:03:33,639 --> 00:03:36,880 Speaker 1: at bloomberg law dot com and bloomberg na dot com. 61 00:03:36,920 --> 00:03:40,280 Speaker 1: Attorneys will find exceptional legal research and business development tools 62 00:03:40,280 --> 00:03:43,440 Speaker 1: there as well. Visit bloomberg law dot com and bloomberg 63 00:03:43,680 --> 00:03:45,600 Speaker 1: na dot com for more information