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A Michigan-based group is suing a machinist and aerospace union on behalf of employees who say they shouldn't have to pay fees to a union they don't want to join. The case was filed in federal district court in New Jersey.
Last year, the Supreme Court decided in a landmark right-to-work case, Janus V. AFSCME, that the practice of unions forcing public-sector employees to pay union fees was unconstitutional, in violation of the First Amendment's protection of freedom of association. Although the Janus decision did not affect private-sector unions, the Mackinac Center for Public Policy is arguing that because of the state of Michigan's involvement in the airline industry, its employees deserve the same protections.
Supreme - Court - Question - State - Action
"The Supreme Court indicated there was an open question whether there is sufficient state action involved through creation and implementation of the Railway Labor Act to trigger constitutional protections like the First Amendment," Patrick Wright, the director of the Mackinac Center Legal Foundation, told Watchdog.org.
If the lawsuit is successful, Wright said airline workers First Amendment rights would be protected and they could not be fired from a job if they chose not to financially support a union.
Janus - Supreme - Court - State - Governments
"In Janus, the Supreme Court made it abundantly clear that state and local governments could not impinge on free speech...
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