Skip to main content
  1. News
  2. Politics
  3. Policy & Issues

Harris v. Quinn

See also

Illinois state law allow medicaid patients to hire personal assistants (PA) to take care of them at home. The state pays for the PA while the patient hires, fires, supervises, interacts and fires PAs. The state also allow for PA's unionization and Illinois fair-share provision require PAs to pay a fee to unions whether they join or not. Pam Harris were among a group of PAs were hired by their relatives to provide in-home care services and challenge the fair-share provision.

Question:

Are requiring PAs to pay a union whether they want to join or not constitutional?

Holding

No, 1st Amendment prohibits collecting union fees from PAs whom don't wish to support or join.

Analysis

State argued that collecting fees from nonunion employees prevent employees from being free-riders. The PAs argued that they are not full-fledged employees of the state nor being served by the employees. PAs don't receive representation from union when there's a dispute with the patients because they are quasi-private employees. Thus, the state's free-rider argument is insufficient to overcome 1st Amendment freedom from conform to a union's ideology.

Conclusion:

As explained on CNN, this is a limited defeat for the Unions. This Ruling applies to home-health care workers. This ruling does not apply to all unionize employment and limited fees may be taken from workers from employees who work at unionized jobs given it's not a right to work state. Right to work means an employee may opt out of the company union. As the Court's dissenting opinion noted that the Court has a 40 year history of allowing limited fees to be taken to prevent free-riders. But as the majority pointed, the PAs are not free-riders because they weren't serve by the union.

Advertisement

News

  • Jar-Jar is more popular than Congress
    A new poll shows Jar-Jar Binks is more popular than Congress
    Video
    Video
  • Missing girl found
    After 9 months of being missing, Abigail Hernandez is back with her family
    US News
  • Tree destroyed by beetles
    A tree meant to honor Beatle George Harrison has been destroyed by beetles
    Top News
  • Mystery flags on bridge
    Mysterious white flags have replaced the American ones on the Brooklyn Bridge
    New York
  • Weird Al album debut
    Weird Al's new album has officially debuted at no. 1
    Music
  • Broncos owner resigns
    Broncos owner Pat Bowlen has resigned due to Alzheimer's
    Sports

Related Videos:

  • Council reappoints Metro's Garcia,  approves Susman actuarial malpractice suit
    <iframe width="560" height="315" src="//www.youtube.com/embed/bbIGbTuT4CY?VQ=HD720&amp;allowfullscreen=true&amp;autoplay=1"></iframe>
  • Council passes Capital Improvement plan after lengthy debate
    <iframe width="420" height="315" src="//www.youtube.com/embed/q_fllvgWG3U?VQ=HD720&amp;allowfullscreen=true&amp;autoplay=1"></iframe>
  • Houston Council approves $265,000 for Rescue Pets Movement
    <iframe width="560" height="315" src="//www.youtube.com/embed/heAnJGC6UQE?VQ=HD720&amp;allowfullscreen=true&amp;autoplay=1"></iframe>