Interview with Harris v Quinn Attorney: The Fight Continues

PamHarrisEven though Pam Harris, mother of a disabled child defeated the SEIU on Monday at the Supreme Court her fight is not over.

Attorney, Bill Messenger of the National Right to Work Legal Defense Foundation argued her case before the Supreme Court. The ruling was limited in it’s scope to non public employees, in this case home health care workers.  These non-employees can no longer be forced to pay union dues.

There are 2 main take aways from this ruling from Attorney Bill Messenger are:

  1. Non-public employees  cannot be forced to pay union dues, ie Abood doesn’t extend to non-public employees
  2. Abood is now on shaky ground and opens up further potential litigation

Note: You can learn about the 1977 Abood vs Detroit Board of Education summary here and court ruling here.

How much have these non-employees paid in so far?

Approximate AmountCare Givers Forced to Pay
2009 $9 Million
2010 $9 Million
2011 $11.5 Million
2012 $11.5 Million
2013 $11.5 Million
Total $52.5 Million

How many states does this ruling affect?

The ruling affects 10 states who currently are forcing home health care workers to pay these dues. Several other states have rescinded this practice. Michigan being one of them.

This ruling also affects 11 states who were forcing home child care providers to pay these same dues

Will Pam Harris and the other workers automatically get a refund from all the monies they were forced to pay?

No, they will have to sue to get their money back.  National Right to Work will assist them in getting back as much money as possible.

In addition, the automatic deductions will not stop. There still has to be action to stop them.

This fight is far from over.  Even though Harris and the other family members who care for their loved ones won the case, they still must fight to stop the monies from being taken from their support checks and they must fight to get refunds of the money they were already forced to pay.

You can read the full ruling here.