SCOTUS hears landmark labor case

Jan 11, 2016

 

One of the most important cases ever involving public employee unions, Friedrichs vs. CTA, is being argued today before the U.S. Supreme Court. At its core, the issue is this: Can the union require fees from workers even if they aren't members of the bargaining unit? The challenge was brought by an Orange County teacher against the California Teachers Association, but the issue resonates far beyond California.

From the Mercury News' Howard Mintz: "In a case rife with politics in an election year, the U.S. Supreme Court on Monday will consider a legal challenge to California's largest teachers union that threatens to shake the foundation of public employee union clout nationwide."

"The case centers on an effort by some teachers to essentially defect from the California Teachers Association without having to pay a state-mandated fee to their state and local unions. California is one of 23 states that require such "fair share" fees for public employee unions, even if the public sector worker does not belong to the collective bargaining unit."

"The issue is esoteric and mired in legal complexities, but at a time when public employee unions are under political attack in states such as Wisconsin and New Jersey, the California clash is considered a crucial test for organized labor and its political wallet. And California teachers who support their union's political influence are clearly worried about the outcome in the Supreme Court, where a number of conservative justices in recent years have expressed doubt about allowing states to require fees from reluctant nonunion members."

 

California attracts visitors from around the world. People come here for fun, they stay at hotels, they see the sights. But there's a problem: Scores of hotels are charging a $17-per-night "resort fee," and the head of the Federal Trade Commission is not pleased.

 

From the LAT's Hugo Martin: "The discussion about how to combat mandatory resort fees that don’t appear on advertised hotel fares has gained urgency in recent months with the growing demand for holiday travel and increasing complaints from consumer groups."

 

"A new study by a nonprofit consumer advocacy group found that such resort fees are on the rise, with nearly 200 hotels in California charging an average mandatory resort fee of $17 per night."

 

"The group, Travelers United, say the fees are unfair because they don’t appear on the advertised rates and most hotel guests don’t see the charge until they get their bill at checkout."

 

State Attorney General Kamala Harris is running for the U.S. Senate to replace veteran Sen. Barbara Boxer, but a nagging question remains: Is Harris ready for the national stage?

 

From the LAT's Cathleen Decker: "As her campaign seeks to establish a more invigorated public presence with five months to go before the Senate primary, Harris remains a candidate under construction, demonstrating glimmers of the star many in her party hope she will be and, as well, of the uncertain presence some fear she is. Overall, she exuded Sunday the sense of a candidate trying hard to please as many people as possible."

 

"The event was meant to marshal support for her campaign both on the ground in Los Angeles, where she has worked hard to be known despite her Northern California background, and at the state party's convention next month. Harris did not mention her Democratic challenger, Rep. Loretta Sanchez of Orange County, until asked after the session to respond to a recent Sanchez comment that was taken as critical of Muslims. ("This is a climate that is ripe for scapegoats, and leaders don't scapegoat," Harris said.)"

 

"If Sanchez has gained most of her campaign attention for remarks seen as insulting to groups of voters, she has begun to pound the argument that Harris lacks sufficient grounding in national issues — a strategy that has been expected to force Harris to bolster her credentials."

 

If you thought that the fight between the public and Silicon Valley billionaire Vinod Khosla over access to Martin's Beach was over, you're wrong: Khosla and the state still are battling, and the state now is considering eminent domain proceedings.

 

From Aaron Kinney in the San Mateo Times: "More than a year after a judge ordered Silicon Valley billionaire Vinod Khosla to open Martins Beach to the public, the beach remains closed, and the setting of the long-running melodrama has shifted to the state capital, where an obscure but powerful state agency will soon decide whether to force the mogul to sell a right of way for the public to roam his coastal paradise."

 

"But as the State Lands Commission, a bureau that oversees California's coastal boundary disputes, studies using eminent domain for the first time in its 78-year history, a thorny question looms: Where's the money?"

 

"The commission recently disclosed that it does not have funds to buy an easement from Khosla using eminent domain. That means the agency and proponents of public access would likely need to win support from the Legislature and Gov. Jerry Brown for using other sources, whether it's the general fund or some of the many pots of special funds scattered around Sacramento."

 

Putting together California's budget is a balancing act, and nobody knows that better than the officials charged with doing it, from the governor on down. A big piece of this year's spending plan is health care.

 

The LAT's George Skelton takes a look: "All that is part of the reason Brown is trying to enact a new tax on managed care plans."

 

"The Obama administration has ordered California to stop taxing only Medi-Cal plans, leaving a $1.1-billion budget hole. The governor last year proposed taxing all managed care plans — Medi-Cal or not — but Republicans objected. The governor now is suggesting a compromise."

 

"Asked by reporters for details, Brown begged off. "It's extremely complex," he said. "Very few people understand it, so I'm not going to try to explain it to you because I couldn't explain it to you if I wanted to."

 

"Basically it involves taxing Medi-Cal plans at a higher rate than the others. Also, there would be separate tax breaks for the non-Medi-Cal plans, so they'd actually come out ahead. The state would still qualify for a load of federal matching dollars."

 

And from our "Stormy Weather" file, comes the video of the fancy Lamborghini Gallardo that half-drove, half-floated through a flooded San Diego intersection.

 

"In a battle of mega horsepower vs. El Nino, you never know."

 

Wonder if a Fiat would have made it...

 

 

 

 

 


 
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