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What I've Been Reading This Week


With a busy week of work, I had limited time to page through articles.  However, one article that touches on the initial impact of Janus v. AFSCME is fascinating and worth a read.  If I had to guess, I would say this is only the beginning of a prolonged downturn among public sector unions for the foreseeable future.

As always, below are a couple articles that caught my eye this week.


An Uphill Fight For Victims of Sexual Harrasment? Possibly

Lauren Edelman over at the Harvard Business Review, citing a string of relevant cases stretching back nearly half a century, opined that victims of sexual harassment are confronted with a seemingly insurmountable barrier when they file a sexual harassment suit against their employers.  While I do not necessarily agree with the entire scope of this theory, the cases cited by Edelman seem to establish a clear cut framework in which this barrier exists:  courts tend to view that an employer with anti-harassment policies in place and a mechanism for complaints to be filed is sufficient for an employer to avoid liability when confronted with these types of suits.  Is this theory full proof?  Hard to say, but this article is worth a read if for no other reason than to give readers a new perspective on the topic.


Montana Public Employee Unions Appear To Be a Casualty of Janus

Readers might recall that earlier this summer, the United States Supreme Court issued a ruling in Janus v. AFSCME.  That ruling was monumental in so much that it barred agency fees for public sector unions across the country.  (Prior to this ruling, unions could asses agency fees as a condition of employment.  These agency fees were deducted from the paychecks of both union and non-union employees to cover the cost of collective bargaining by the union).  After the Suprrme Court’s ruling, these unions feared their coffers would take a substantial hit since these agency fees could not longer be assessed.  Based upon this article from Montana Public Radio, it appears that out of state groups have started to provide Montana workers a clear cut guideline on how to withdraw from these agency fees (and even withdraw from the union itself).  While the specific amount of money some of the public sector unions in the state have lost as a result of these efforts following Janus is not clear, it appears to be quite substantial based upon various reports.  For now, public sector unions in Montana are taking a hit.  Something tells me this is only the beginning for public sector unions elsewhere in the country.  Stay tuned.

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