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Critically, however, the Senate Intelligence Committee insisted on a "must share" provision.
These are the three provisions that Pennsylvania companies can be exempted from: A "control share provision" that in effect disenfranchises holders of large blocks of stock acquired within 12 months of a takeover bid.
The personal assistants alleged that their freedoms of association and speech had been infringed by the "fair share" provision of the state's Public Labor Relations Act (PLRA), which permitted collective-bargaining agreements between the state and labour unions to include clauses requiring nonunion state employees to pay service fees to the union representing their bargaining unit.
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Sometimes called "agency fees", "representation fees" or "fair share provisions", these cover only what unions spend to represent workers who are covered by a collective bargaining agreement.
If the Court rules that these fair share provisions are unconstitutional, will that be a death knell for public sector unions?
Fair share provisions – like the one at issue in Harris – establish that everyone who gets the union's representational services has to pay for them.
What right-to work laws do is ban a particular type of employment contract, voted on my employees, that requires all employees – union or not – to pay fair share provisions, a fraction of the dues that union members pay to cover the costs of negotiating and enforcing their contract.
In past cases, Scalia has suggested that the government should have leeway with fair share provisions, since the law bounds unions to advocate for everyone in a bargaining unit.
Given that Abood was not controlling, the constitutionality of the fair-share provision as applied to personal assistants in Illinois depended upon "generally applicable First Amendment standards".
In a lengthy and sharply worded dissent, Justice Elena Kagan argued that, contrary to the majority's view, the fair-share provision as applied to personal assistants in Illinois "fall[s] squarely within Abood's holding".
After the district court dismissed the suit with prejudice (precluding the filing of another suit on the same grounds), the Court of Appeals for the Seventh Circuit affirmed the relevant part of the district court's ruling, holding that the fair-share provision as applied to personal assistants was constitutional because the assistants were state employees "within the meaning of Abood".
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