Recently, the U.S. Supreme Court ruled that government workers who choose not to join a union cannot be charged for the cost of collective bargaining and related activities.

In a 5-to-4 decision, a majority of the Court noted in Janus v. AFSCME, Council 31, that “agency fees” violate, “the free speech rights of nonmembers by compelling them to subsidize private speech on matters of substantial public concern.”

As we have reported before, this case stemmed from an Illinois public sector employee who challenged a requirement that government workers who opt out of a union still have to pay partial dues (known as an “agency fee”) to cover the union’s cost of negotiation and other functions associated with policing and enforcing the contract.  This decision overrules the Court’s own 41-year-old precedent, which said workers did not have to pay for unions’ political activities but could be required to contribute to other costs of representation, such as negotiating wages and benefits and processing grievances.  The Court’s decision frees those non-members from having to pay the fees. Continue Reading Janus Decision Expected to Weaken Public Sector Unions and What You Need to Know

On February 26, 2018, the Supreme Court of the United States will hear arguments in Janus v. AFSCME, Council 31, a case which should be watched by public employers and union officials as the fate of agency fees hangs in the balance. Agency fees are paid by non-union members to compensate the union for its services such as negotiating contracts and grievance representation. In this case, an employee claimed the union’s requirement that he pay an agency fee was unconstitutional as it violated his rights of freedom of speech because he disagreed with the union’s political message.

Agency fees have been found to be constitutional since the Supreme Court’s 1977 decision in Abood v. Detroit Board of Education.  The Supreme Court took up the issue of agency fees again in 2016 in Friedrichs v. California Teachers Association, which, with the passing of Justice Scalia, resulted in a 4-4 tie.  This time, the Court will have a new justice in Neil Gorsuch, who was appointed by President Trump in 2017.

The ramifications of a decision in favor of Janus has unions nervous since a decision prohibiting their ability to collect agency fees from persons who do not join the union would affect their ability to maintain staff and officers, as well as negatively impact their lobbying efforts.

We will be sure to keep you posted on this case and others.