NFIB/CT: SCOTUS Ruling on Unionization Scheme Threatens Connecticut Law

Date: June 30, 2014

Hartford (June
30, 2014)
– The US
Supreme Court today ruled that states cannot force home care providers to join
labor unions in a decision that the National Federation of Independent
Business (NFIB)
called a major victory for small business in Connecticut.


Malloy signed a similar executive order and the Legislature subsequently
codified it with a law that basically turned private sector employees into
public sector union members.  So this
ruling raises a big question about the constitutionality of Connecticut’s
system,” said NFIB State Director Andrew Markowski.


The case, Harris
v. Quinn
, originated in Illinois and focused on whether states can force
non-union home care workers to join labor unions if their clients receive
public subsidies to purchase those services.  That’s the basis on which
Illinois Governor Pat Quinn issued an executive order in 2003 designating home
care workers as “public employees” even though they work for private sector
businesses.  Connecticut and several other states now have similar mandates
in place. 


private sector employees to pay union dues is an extraordinary measure that
strikes most people as highly unfair,” said Markowski.  “The
court’s decision today certainly raises questions and may invalidate the Connecticut law.  I think the Governor’s statement today makes
clear that the Legislature and possibly the courts will have to revisit the


The state
provides billions in subsidies to millions of residents under hundreds of
different programs. They use it to purchase goods and services from
private sector businesses of every variety and they’re all private transactions
between private citizens and private sector businesses.  Workers in those
businesses cannot be forced into unions because of where their customers get
their money.


sector labor unions have been shrinking as a percentage of the workforce and
this was a way to artificially boost their numbers,” said Markowski.  “Based on the Supreme Court ruling I’m not sure
the Connecticut scheme can withstand
a challenge.  It should be repealed


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