Recent Supreme Court Ruling on Homecare Union Dues Requirement

Author: Stephen D. Hans
Business Employment Attorney in Queens, NY

Many employers are interested to know about cases that affect the power of unions. For decades, unions have challenged employers through disputes or ongoing negotiations over employment terms and other issues.

This summer the U.S. Supreme Court’s ruling in a particular case may influence how unions operate nationwide, potentially limiting their ability to gather revenue from certain non-union members.

The U.S. Supreme Court ruled in the case Harris v. Quinn on June 30, by a narrow five to four decision, that the union could not deduct union fees from government checks that provided for homecare by personal assistants.

Factors in the Harris v. Quinn case involved the role of Medicaid recipients and the State of Illinois, which shared a joint role in determining the employment relationship of personal assistants (PAs). PAs are workers who provide homecare services for recipients in need of institutional care. The State compensates PAs, and customers propose a Service Plan that establishes guidelines for the PA’s duties. PAs were allowed under executive order to join a labor union that would engage in collective bargaining on their behalves under the Illinois Public Labor Relations Act. Service Employees International Union Healthcare Illinois & Indiana (SEIU-HII) became the exclusive union for rehabilitation program employees. The issue in the case was that the SEIU-HII required all workers who did not wish to join the union to pay a union fee. A group of Rehabilitation Program PA’s brought a class action lawsuit against the SEIU-HII, alleging that the required fee violated their First Amendment rights.

In many instances, the individuals providing homecare were relatives who had taken in a loved one to live with them so the loved one could avoid entering an institution.

If as an employer, you face issues with a union, it is wise to consult with an experienced employment litigation and labor law attorney. Since the founding of the firm in 1979, Stephen Hans & Associates has offered effective legal assistance to business owners facing labor law issues.

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