Label
Council President Steel
Title
Supporting the right of public employees to bargain collectively, and for their collective bargaining representatives to collect fair share fees and directing the Director of Law to file an amicus brief in support of the American Federation of State, County and Municipal Employees in the United States Supreme Court; and declaring an emergency.
Summary
WHEREAS, the Supreme Court of the United States (SCOTUS) has agreed to hear the case of Janus v. American Federation of State, County and Municipal Employees in its 2017 term; and
WHEREAS, the plaintiffs in the case charge that the fair-share fees collected by public- sector unions collect from workers who don't become members are a violation of the dissenting workers' First Amendment rights; and
WHEREAS, this challenges federal case law set nearly 40 years ago when in 1977 SCOTUS unanimously ruled in Abood v. the Detroit Board of Education that although public school teachers cannot be required to join a union or to contribute to the union's political expenditures, they can be required to pay their fair share of the costs that the union incurs in negotiating and administering an agreement on behalf of all teachers; and
WHEREAS, this case and its dangers are substantively similar to the case of Friedrichs v. California Teachers Association, for which a lower court ruling in favor of the defendants only prevailed due to a vacancy on SCOTUS; and
WHEREAS, the Janus plaintiffs have followed the same legal strategy as the Friedrichs plaintiffs; and
WHEREAS, a SCOTUS decision in favor of the plaintiffs in Janus could effectively prevent school districts from collecting so-called "agency fees" from nonunion members represented by teachers unions and would likely extend to all other public-sector unions as well; and
WHEREAS, this means that although public-sector unions would still be obligated to represent all members of their bargaining units, they would no longer be assured of receiving fees to compensate them for the costs of representing nonmembers, which could deeply undercut the unions' financial viability; and
WHEREAS, the Janus case is driven by the same movement that has been working for at least two decades to undermine labor unions so as to reduce their influence on politics and public policy on behalf of teachers and other working people; and
WHEREAS, a SCOTUS decision in favor of the plaintiffs in Janus has the potential to weaken union power and solidarity by dividing union members from nonmembers; and
WHEREAS, a SCOTUS decision in favor of the plaintiffs in Janus has the potential to adversely impact the employees of the City of Toledo, Ohio; and in turn negatively impacting the citizens of Toledo; NOW, THEREFORE,
Be it resolved by the Council of the City of Toledo:
SECTION 1. That we the elected members of do hereby offer our unwavering support for the right of the employees of the City of Toledo to collectively bargain, and for their unions to collect fair-share fees.
SECTION 2. That pursuant to Section 111 of the Charter it is ordered and directed that, once adopted, that the Director of Law for the City of Toledo, or his designee, draft and file through appropriate legal procedure an Amicus Curiae with the Supreme Court of the United States consistent with this Resolution.
SECTION 3. That this Resolution hereby is declared to be an emergency measure and shall be in force and effect from and after its adoption. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety, and property and for the further reason that this Resolution must be immediately effective in order to ensure that any necessary filing deadlines are met.
Vote on emergency clause: yeas _____, nays _____.
Adopted: _________________, as an emergency measure: yeas _____, nays _____.
Attest: _________________________ __________________________________
Clerk of Council President of Council
Approved: ______________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of a Resolution adopted by Council _________________________.
Attest: _________________________
Clerk of Council