Proposition 75 was a ballot proposition in the California special election, 2005.
In California, a ballot proposition can be a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. If passed, it can alter one or more of the articles of the Constitution of California, one or more of the 29 California Codes, or another law in the California Statutes by clarifying current or adding statute(s) or removing current statute(s).
Proposition 75: Public Employee Union Dues. Required Employee Consent for Political Contributions. Initiative Statute.
Summary of Legislature Analyst's estimate of net state and local government fiscal impact:
Opponents of this proposition portrayed it as a measure to "silence the unions," since private corporations would not be affected. They also cited a Supreme Court case in which union members could not be forced to join a union, and said that union members could already restrict their dues (opt-out process) towards political purposes.
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about 100–150 of the more than 7,000 cases that it is asked to review.
The proponents cited this as a "Paycheck Protection" proposition, saying that this would help check union abuse.
The proposition was rejected on November 8, 2005 by 7% or about 500,000 votes statewide
SEIU's use of compulsory fees on nonmembers to fund its campaign against Prop. 75 was latter found illegal by the U.S. Supreme Court in Knox v. Service Employees International Union, Local 1000 . The Court was disturbed that "SEIU's procedure was to force many nonmembers to subsidize a political effort designed to restrict their own rights."
Knox v. Service Employees International Union, 567 U.S. 298 (2012), is a US constitutional law case. The United States Supreme Court held in a 7-2 decision that Dianne Knox and other non-members of the Service Employees International Union did not receive the required notice of a $12 million assessment the union charged them to raise money for the union's political fund. In a tighter 5-4 ruling, the court further held that the long-standing precedent, the First Amendment requirement that non-union members covered by union contracts be given the chance to "opt out" of special fees was insufficient. Setting new precedent, the majority ruled that non-members shall be sent notice giving them the option to opt into special fees.
In the context of U.S. labor politics, "right-to-work laws" refers to state laws that prohibit union security agreements between companies and labor unions. Under these laws, employees in unionized workplaces are banned from negotiating contracts which require all members who benefit from the union contract to contribute to the costs of union representation.
Service Employees International Union (SEIU) is a labor union representing almost 1.9 million workers in over 100 occupations in the United States and Canada. SEIU is focused on organizing workers in three sectors: health care, including hospital, home care and nursing home workers; public services ; and property services.
A union shop, also known as a post-entry closed shop, is a form of a union security clause. Under this, the employer agrees to either only hire labor union members or to require that any new employees who are not already union members become members within a certain amount of time. Use of the union shop varies widely from nation to nation, depending on the level of protection given trade unions in general.
A union security agreement is a contractual agreement, usually part of a union collective bargaining agreement, in which an employer and a trade or labor union agree on the extent to which the union may compel employees to join the union, and/or whether the employer will collect dues, fees, and assessments on behalf of the union.
The California special election of 2005 was held on November 8, 2005 after being called by Governor Arnold Schwarzenegger on June 13, 2005.
The Freedom Foundation is a state-based free market conservative think tank located in the state of Washington. The Freedom Foundation has offices in the states of Washington, Oregon, and California. The organization is registered with the United States Internal Revenue Service (IRS) as a 501(c)(3) charitable organization.
The financial core is a payment so employees can work in a union environment without becoming full members, with the intent of paying only for the basic costs associated with their representation by the union. The United States Supreme Court in 1963 initially defined the financial core in Labor Board v. General Motors, and has continued to clarify what is a core obligation and that unions are required to notify potential employees it is an option. Controversy continues as to what exactly the financial core is – and there are instances of unions not informing employees of their rights.
Proposition 218 was an adopted initiative constitutional amendment which revolutionized local and regional government finance in California. Called the "Right to Vote on Taxes Act," it was sponsored by the Howard Jarvis Taxpayers Association as a constitutional follow-up to the landmark property tax reduction initiative constitutional amendment, Proposition 13, approved in 1978.
Lehnert v. Ferris Faculty Association, 500 U.S. 507 (1991), deals with First Amendment rights and unions in public employment.
Davenport v. Washington Education Association, 551 U.S. 177 (2007), is a ruling by the Supreme Court of the United States in which the Court held that it does not violate the First Amendment for a state to require its public-sector unions to receive affirmative authorization from a non-member before spending that nonmember's agency fees for election-related purposes.
Keller v. State Bar of California, 496 U.S. 1 (1990), was a case in which the Supreme Court of the United States held that attorneys who are required to be members of a state bar association have a First Amendment right to refrain from subsidizing the organization’s political or ideological activities.
Locke v. Karass, 555 U.S. 207 (2009), is a court case in which the Supreme Court of the United States held that the Constitution permits the local chapter of a labor union to charge a "service fee" to non-members to cover non-local litigation expenses if (a) the expenses are "appropriately related to collective bargaining" and (b) there is a reciprocal relationship between the local chapter and the national union. The case expanded on and clarified the earlier Lehnert v. Ferris Faculty Association, which permitted such service fees for non-political activities but did not reach a consensus on whether "national" expenses were chargeable.
Communications Workers of America v. Beck, 487 U.S. 735 (1988), is a decision by the United States Supreme Court which held that, in a union security agreement, unions are authorized by statute to collect from non-members only those fees and dues necessary to perform its duties as a collective bargaining representative. The rights identified by the Court in Communications Workers of America v. Beck have since come to be known as "Beck rights," and defining what Beck rights are and how a union must fulfill its duties regarding them is an active area of modern United States labor law.
The California state elections was held on Election Day, November 6, 2012. On the ballot were eleven propositions, various parties' nominees for the United States presidency, the Class I Senator to the United States Senate, all of California's seats to the House of Representatives, all of the seats of the State Assembly, and all odd-numbered seats of the State Senate.
Abood v. Detroit Board of Education, 431 U.S. 209 (1977), was a US labor law case where the United States Supreme Court upheld the maintaining of a union shop in a public workplace. Public school teachers in Detroit had sought to overturn the requirement that they pay fees equivalent to union dues on the grounds that they opposed public sector collective bargaining and objected to the political activities of the union. In a unanimous decision, the Court affirmed that the union shop, legal in the private sector, is also legal in the public sector. They found that non-members may be assessed agency fees to recover the costs of "collective bargaining, contract administration, and grievance adjustment purposes" while insisting that objectors to union membership or policy may not have their dues used for other ideological or political purposes.
Harris v. Quinn, 573 U.S. ___ (2014), is a US labor law case of the United States Supreme Court regarding provisions of Illinois state law that allowed a union security agreement. Since the Taft-Hartley Act of 1947 prohibited the closed shop, states could still choose whether to allow unions to collect fees from non-union members since the collective agreements with the employer would still benefit non-union members. The Court decided 5–4 that Illinois's Public Labor Relations Act, which permitted the union security agreements, violated the First Amendment. A similar case was decided in 2018 called Janus v AFSCME.
Friedrichs v. California Teachers Association, 578 U.S. ___ (2016), is a United States labor law case that came before the Supreme Court of the United States. At issue in the case was whether Abood v. Detroit Board of Education should be overruled, with public-sector "agency shop" arrangements invalidated under the First Amendment, and whether it violates the First Amendment to require that public employees affirmatively object to subsidizing nonchargeable speech by public-sector unions, rather than requiring employees to consent affirmatively to subsidizing such speech. Specifically, the case concerned public sector collective bargaining by the California Teachers Association, an affiliate of the National Education Association.
Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466, 585 U.S. ___ (2018), was a landmark US labor law United States Supreme Court case concerning the power of labor unions to collect fees from non-union members. Under the Taft–Hartley Act of 1947, which applies to the private sector, union security agreements can be allowed by state law. The Supreme Court ruled that such union fees in the public sector violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees.
