We are pleased to announce that the Supreme Court denied certiorari in Jarvis v. Cuomo, a case where plaintiffs claimed that exclusive representation by unions in the public sector is unconstitutional. Had the Court agreed to review the case, this could then have resulted in a Supreme Court decision eliminating exclusive representation and decimating public sector union representation. Fortunately that threat is over, at least for a while.
This was a case where the National Right to Work Committee (the "RTWC”) sought to overturn long established, and largely unquestioned, Supreme Court precedent that exclusive representation is constitutional. Minnesota State Board for Community Colleges v. Knight, 465 U.S. 271, (1984).
Here is the issue as framed by the appellate court and the court's description of Plaintiffs' argument.
[Plaintiffs’ alleged] that defendants violated their First Amendment rights in enacting and enforcing legislation allowing home child-care providers within a state-designated bargaining unit to elect an exclusive representative to bargain collectively with the state.
Plaintiffs contend that New York's recognition of defendant Civil Service Employees Association, Local 1000 AFSCME, AFL-CIO ("CSEA") as the exclusive bargaining representative for their bargaining unit violates their First Amendment rights because it compels union association.
In the petition to the Supreme Court, the RTWC focused significantly on the fact that the persons covered were private child care providers who were under government contract. Nonetheless, the constitutional principles are largely the same for public sector employees.
The denial of certiorari ends the threat in this case. The Court could still address the issue in a future case, particularly if there is a significant change in the makeup of the Court. In addition, it is anticipated that in its 2017-2018 term, the Supreme Court will address the question of whether agency fee is constitutional, and the Court could signal in such a decision its views on the constitutionality of exclusive representation.
Nonetheless, it appears that one of the major threats to working people and their ability to come together and negotiate collectively is over for the moment.