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This is not to say that generally low-paid partial public employees don’t deserve and haven’t achieved gains. Indeed, in-home care is preferable to institutionalized care in many instances. However, gains have been, and can only be, attained by state legislative action, not sham union bargaining.

We’ll see whether Justice Kagan’s fears come to pass; namely, that partial public employees abandon these faux unions, or the SEIU is able retain and attract them when dues or fees are voluntary.

If partial public employees see the situation clearly, they will bypass the SEIU and go directly to state legislators to plead their case. If they abandon the SEIU, they won’t depart as “free-riders,” but rather because they’ve seen that these SEIU entities are fake unions that produce nothing to “ride.”

Red Jahncke is president of the Townsend Group International LLC, a management consulting firm in Connecticut.