Hawaii Resolution Directs Government to Ensure Union “Financial Viability”

The Janus v. AFSCME case may put an end to agency fees in the public sector, but it won’t put an end to litigation about the relationships between governments, government unions and government employees.

The New York legislature passed a budget with provisions designed to protect public employee unions post-Janus, and now the Hawaii legislature is considering a resolution stating “that the Hawaii Labor Relations Board, and other concerned agencies or judicial bodies, are urged to take notice of this body’s intent to enable exclusive representatives to maintain financial viability and organizational capacity and effectively represent public employees, and to remove or reduce financial incentives for employees to ‘free ride’.”

Corey Rosenlee, the president of the Hawaii State Teachers Association, testified in support of the resolution, saying that a U.S. Supreme Court ruling in favor of Janus “would fundamentally undermine Hawai’i’s
dedication to labor management peace by constraining collective bargaining representatives’ ability to collect resources from their members.”

Justice Sotomayor’s impressions notwithstanding, unions are not government agencies. The taxpayers should be under no obligation to ensure their financial viability or to facilitate their collecting of resources.


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