Harris v. Quinn, an Important Limitation on Forced Unionization
On Monday, June 30, 2014 the United State Supreme Court issued its ruling in the important case of Harris v. Quinn. While the case is limited in its ruling and scope, it is a critical one where the Court boxed in the ever expansionist reach of government employee unions.
Mrs. Pamela Harris is the mother of a severely disabled son who needs constant care due to his disabilities. A federal Medicaid program funds many state run programs that provides financial assistance by paying caregivers for these individuals who reside at home rather than in a more expensive nursing care facility. Most often it is a family member who is providing this care and who is being paid to do so under this program. The State of Illinois has such a program and by law declared these caregivers to be state employees but without any right to benefits, not subject to any control as to their time, place or methods of provision of care services (and provides that the caregiver is solely responsible to and is an at will employee of the customer (the disabled person)) and the State is immune from any liability to the disabled customer for any home caregivers negligence or intentional conduct.
In 2003, first by executive order then legislation, the caregivers were forced to join a union, the SEIU, and pay dues, which the State withheld from their Medicaid payments. Mrs. Harris and others challenged this forced unionization via this case. She lost at the federal trial court and intermediate appeals court levels with those courts relying on a past U.S.S.C. court case Abood v. Detroit Bd. Of Ed. 431 U.S. 209 (1977). The Supreme Court, noting the importance of the factual situation described above, ruled in Mrs. Harris favor.
The Court (Justice Alito) performed a detailed analysis of the reasoning behind the Abood case, which upheld the unionization of full time government employees (there teachers) who were directly the employees of the Board of Education. Justice Alito and the rest of the majority found that full time direct state employees are vastly different factually to what I would call akin to in-home independent contractors and limited the extent of the Abood ruling to full time direct government employees. Further to extend the finding in Abood upholding required union membership (or agency fee paying) to this situation was a reach to far. The Court stated:
If we allowed Abood to be extended to those who are not full-fledged public employees, it would be hard to see just where to draw the line, and we therefore confine Abood’s reach to full-fledged state employees.
Once the Court found the holding in Abood was not controlling in this situation, it then did an analysis of the facts of this situation under “generally applicable First Amendment standards.” Relying on cases like Knox v. Service Employees 567 U.S. ___ , 132 S. Ct. 2277 (2012), the Court ruled that the justification of preventing “free riders” benefiting from union negotiations for its members applying to those not paying for union dues / expenses, did not apply in the context of the Harris facts (in-home workers as described above).
Once again, the Court noted several significant differences between the regular full time government employee and the in-home caregivers the Illinois statute attempted to force unionization upon. For example, one justification cited by the unions is “labor peace” in not having conflicting unions vying for membership in the same union shop locations. The Court noted that in-home caregivers are not in one place but always in the customers’ homes (which are often the caregivers homes’ as well). Space does not permit me to go through all of the Court’s reasoning here. The Court ordered that union dues and agency fees can no longer be withheld from a home caregivers’ Medicaid payments if they object.
Implications from this Ruling:
1. The Court effectively blocked forced government unionization of recipients of funds under government programs like Medicaid where the person receiving the payments is not a true “government” worker where the state agency controls the time, method and means of employment. This is especially true where the legislature declares the “employee” is not entitled to any typical government employee benefits like pension rights. The Court was very specific about the limited nature of the “employment” between the State of Illinois and the home caregiver.
2. The Harris decision is not banning forced union membership (or agency payments to a union by those who do not join the union) for traditional full time government workers such as public school teachers, CHP officers, Firefighters, etc. This is not a “right to work” decision for all government employees.
3. However, a close reading of the Harris majority’s analysis of the Abood decision notes the current majority’s concerns that the policy and practical implications of Abood’s approval of closed shop laws for government employees. Thus the majority justices may be open to a challenge from a more traditional full time government employee.
4. Elections matter – the Harris decision and the Burwell v. Hobby Lobby case (both critically important First Amendment cases decided on the same day) were five to four votes that included the swing vote of Justice Kennedy. All of the four “liberal” justices voted in the dissent to uphold the forced unionization of the home caregivers in Harris (and to deny religious expression as argued in the Hobby Lobby case). Thus the outcomes of the elections in the fall for control of the U.S. Senate and the White House in 2016 are critical as the make up of the Court could be the deciding factor on these important issues one way or another in the near future.
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About the Author: Craig P. Alexander, Esq. is an attorney at law who practices in the area of insurance coverage, construction defect, business dispute and general civil litigation. He is also a volunteer with the California Policy Center’s Transparent California Project.