Episode description

Constitutional attorney Jeffrey Schwab from the Liberty Justice Center joins Labor Relations Radio to discuss a newly-filed case that, if successful, may open governments up to being “joint employers” with certain private-sector employers.

Schwab, who is not a labor attorney, served as counsel for Mark Janus in Janus v. AFSCME, the landmark case in which the United States Supreme Court found that public employees could not be compelled to pay money to a union without their consent.

In this most recent case, Schwab is representing two public defenders who work for the publicly-funded Legal Aid Society in New York City and are required to pay agency fees to the Association of Legal Aid Attorneys (ALAA).

The plaintiffs argue that, even though the Legal Aid Society is a private employer under the National Labor Relations Act, since the City of New York funds the pay and benefits and “attaches conditions that, at least in part, exert control over how LAS spends funds received by the City, including, for example, approving bonuses,” the protections under Janus v. AFSCME from being compelled to pay agency fees to a union should apply to them as well.

Related:

* Will A Lawsuit Over A Union's Alleged 'Anti-Semitism' Open The Door To Expanding Janus To The Private Sector?

* Legal Aid lawyers sue union, claiming that dues violate First Amendment

* Read the lawsuit in full here

For all prior episodes of Labor Relations Radio, go here.

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