SEATTLE – The U.S. Supreme Court is hearing a case Monday that has big implications for unions.

In Janus v. American Federation of State, County and Municipal Employees (AFSCME), justices will decide whether employees represented by public unions have to pay so-called fair share fees if they do not want to be members.

If the court sides with Mark Janus, an Illinois public employee, unions would still work on behalf of these employees in collective bargaining and other negotiations, but the employees wouldn't have to pay for that representation. It would deliver a big blow to part of unions' revenue stream.

But Karen Strickland, president of the American Federation of Teachers (AFT) of Washington, says it could be a wake-up call to unions and their members.

"We are doing the work, and if we do it effectively – to really engage our members in what the union is all about and how important organized labor is to their well-being on the job and in their communities and for their students and so on and so forth – then we can actually come out stronger on the other side," she states.

Briefs filed in support of Janus say he shouldn't have to pay union fees on First Amendment grounds.

Strickland notes that dues to AFT Washington are not used for political spending.

Union membership has declined nationwide in the past few decades, especially as more states become right-to-work states, meaning employees don't pay for representation.

However, membership in Washington state has actually grown by 84,000 since 2015, with the biggest gains among young people.

The public unions in the 22 states that are not right-to-work, including Washington, represent about 5 million workers.

Strickland says the attack on unions extends beyond this case and is so vigorous because the unions are effective at protecting and representing workers.

"Our members' salaries and benefits are better because they're in a union,” she stresses. “Injury and fatality rates are significantly lower when people have a union.

“The percentage of employees who actually have health care coverage is higher when people are in unions."

Strickland adds that wages are higher even for non-union members in cities where union representation is high.

This is the second in a two-part series on the effect of the Janus v. AFSCME Supreme Court case on Washington state's public unions.


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Restaurant workers have been fleeing the industry throughout the Great Resignation. To reverse the trend, advocates in Minnesota and elsewhere argued employees need better working conditions, and they hope pending policy will help.

The Restaurant Opportunities Centers United has been working to develop the Restaurant Workers Bill of Rights. It seeks to provide livable wages, better access to health care, a safe work environment and participation in governance.

Justin Taylor, a committee member for the Minnesota chapter of Restaurant Opportunities Centers United and a restaurant worker, feels it's a comprehensive approach to long-standing issues.

"I definitely, definitely think this will be a fantastic way to fight the injustices that the restaurant workers have seen for a real long time now," Taylor asserted.

The proposal will be introduced to Congress in September, and organizers say months of outreach to restaurant workers across the U.S. helped determine what should go into the bill. Minnesota has seen nearly 20,000 people leave their establishments for different jobs, according to a report from the University of California-Berkeley's Food Labor Research Center.

The exodus was due in part to the combination of low wages and rising prices during the pandemic. Taylor added the turnover has had a major effect, with those still working at restaurants having to pick up the slack. Some employers have improved their pay and benefits, but issues remain.

"Every restaurant right now is just chronically understaffed, and we're not getting paid for the work that we're doing," Taylor contended. "There's very few places that offer paid sick leave."

Aside from pay, Taylor said the governance factor in the legislative proposal, such as having more say in scheduling shifts, could be another important tool in improving the well-being of restaurant workers.

Restaurant workers have been fleeing the industry throughout the Great Resignation, with no end in sight.

In order to codify necessities for better working conditions, Restaurant Opportunities Centers United has been working to develop the Restaurant Workers Bill of Rights. The set of rights seeks to provide restaurant workers with livable wages, better access to health care, a safe work environment and participation in governance.

Teo Reyes, chief program officer at Restaurant Opportunities Centers United, believes there's a need for this bill.

"The fundamental impetus for this is for us to bring workers together to build power," Reyes explained. "One of the milestones will be getting these bills introduced at a federal level in Congress, at the state level, and at a municipal level, and then advancing components of those as the opportunity presents itself."

This bill of rights will be introduced to Congress in September. Months of outreach to restaurant workers across the U.S. helped determine what should go into the bill.

New York's own restaurant industry has seen 120,000 people leaving for different jobs, according to a report from the University of California-Berkeley's Food Labor Research Center, due in part to low wages and rising prices during the COVID-19 pandemic.

In New York City, workers from any sector can see what they are entitled to under the city's Workers Bill of Rights.

Reyes believes the document will need to be updated to reflect the most current needs of restaurant workers. He shared some gripes workers had, providing a clear path on what changes should be made.

"It breeds a lot of unhealthy behaviors like excessive drinking and late-night eating," Reyes pointed out. "I'm not as healthy, and I miss large parts of the next day catching up on sleep. I think that restaurants should provide health care and dental care. People complained about rude customers, people complained about scheduling; like two weeks' notice to schedule even in a small business."

Not all the survey's answers were negative. Many of those surveyed praised their co-workers, and others felt it could be a highly lucrative industry, something Reyes hopes to maintain through establishing the bill of rights.

Too many Latinos are stuck in low-wage occupations, according to a new report, and some with darker skin face discrimination and an even steeper climb to the middle class.

Statistics show that about one-third of Nevada's population is Latino.

Jessica Vela, research assistant in tax and budget policy at the Center for American Progress, said many Latino workers, particularly those of Mexican, Guatemalan, Honduran, and Salvadoran descent, toil in low-paying industries such as hospitality or caregiving that are rife with labor violations.

"Hispanic and Latino workers make up a large part of the tipped worker population," she said. "Latinos are 17% of the overall workforce, but represent 24% of tipped employees."

The report noted that tipped workers often make sub-minimum wages, are at the mercy of the economy and were laid off by the millions during the pandemic. It also found that Hispanic men had the highest unemployment rate during COVID, followed by Hispanic women.

Vela noted that home care is one of the most common occupations for Mexican, Guatemalan, Honduran, Salvadoran and Dominican women. She contended that all states should step in to require better working conditions.

"California signed a statewide agreement with Childcare Providers United to increase wage rates," she said. "They subsidized child-care slots, which can be incredibly helpful with many families needing to work."

Advocates are calling for a higher federal minimum wage and more grants to help people afford to go to college or a trade school. A report from Georgetown University found that Latinos make up about 37% of Nevada's college-age population but only about 29% of students at four-year colleges and 36% at community colleges.


Support for this reporting was provided by Lumina Foundation.