Public-Sector Unions and Gifts of Public Funds


The Supreme Court’s decision in Janus v. AFSCME prohibits states from allowing public employee unions to dock non-union members’ wages to support collective bargaining and other political activities.

The ink had barely dried on that decision before experts began proposing workarounds. For example, First Amendment scholar Eugene Volokh and others suggest that states could reduce public employee salaries by the amount needed by the union to engage in collective bargaining, and then allocate that amount of public funds directly to the union.

On its face, this proposal seems plausible, because courts offer taxpayers little recourse in making First Amendment free speech challenges to public expenditures.

But there’s a big problem: all state constitutions contain a Gift Clause that prohibits the government from making a gift of public funds to a private organization. Originally these clauses were added to prevent states from gifting public lands to railroads, but recently taxpayers have made Gift Clause challenges to state funds provided to public employee unions.  MORE HERE

2 Comments on Public-Sector Unions and Gifts of Public Funds

  1. How much deeper in my pockets, your pockets, our pockets do these parasites want to go. They want us to pay for own demise.

    Since churches supposedly exist to serve their communities (at least the ones I worked for did) why can’t the state give them gifts as well?

  2. Unions=Socialism at its worst, the workers provide the business agents and union hierarchy with huge salaries, perks, cadillac healthcare and retirement benefits.


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