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Janus v. AFSCME (US 2018)

Articles Discussing Case:

Supreme Court Rules that Public-Sector Agency-Shop Arrangements Violate the First Amendment

FordHarrison LLP • July 02, 2018
Executive Summary: On June 27, 2018, the U.S. Supreme Court in Janus v. American Federation of State, County, and Municipal Employees, Council 31 struck down an Illinois law requiring public employees represented by a union to pay agency fees to the union even though the employee is a non-member, objects to positions taken by the union and has not consented to payment of the fee, holding the law “violates the free speech rights of nonmembers by compelling them to subsidize private speech on matters of substantial public concern.” The Court’s decision overrules its 1977 decision in Abood v. Detroit Bd. of Ed., 431 U. S. 209 (1977).

eLABORate: Supreme Court Rules Against Public-Sector Union Non-Member Fees

Phelps Dunbar LLP • June 29, 2018
This morning the United States Supreme Court ruled, on a 5-4 vote, public-sector workers who are not union members cannot be forced to pay fees to unions that cover the cost of collective bargaining. This decision overturned a 1977 Supreme Court precedent in Abood v. Detroit Board of Education, which stated “fair share” fees are constitutional. This decision will have a major impact on unions representing public-sector employees such as teachers and police.

BREAKING: Supreme Court Rules “Fair Share Fees” Unconstitutional

Franczek Radelet P.C • June 27, 2018
As widely anticipated, the U.S. Supreme Court just held by a 5-4 vote that fair share agreements are unconstitutional. (Janus v. AFSCME). The decision is effective immediately and requires all public bodies to cease deductions from their fair share members.

SCOTUS Hands Significant Defeat To Both Public Sector Unions And National Labor Movement

Fisher Phillips • June 27, 2018
In a 5-4 decision on the final day of the 2017-2018 term, the U.S. Supreme Court ruled today that the First Amendment prohibits public sector entities from collecting fees from non-union members. This decision is a significant blow to public sector labor organizations across the country, which rely on these fair share fee arrangements as a significant source of revenue.

Fair Share Union Fees Are Not Fair: SCOTUS Rules Public Sector Non-Members Don’t Need to Pay

Ogletree Deakins • June 27, 2018
On June 27, 2018, the Supreme Court of the United States announced its decision in a case that tested the constitutionality of requiring mandatory payment of “fair share” union dues to be paid by non-member public sector workers. The Court, with Justice Alito writing for a 5-4 majority, overruled the decades-old Abood v. Detroit Education Association case finding that it “was not well reasoned.” The Court ruled that a state law requiring public-sector union non-members to pay a fair share fee violates the First Amendment of the U.S. Constitution. According to Justice Alito, “public-sector agency-shop arrangements violate the First Amendment, and Abood erred in concluding otherwise.” Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466, Supreme Court of the United States (June 27, 2018).

Union (In)Security: SCOTUS Prohibits Public Sector Union Security and Missouri May Tip The Private Sector Scales

Ogletree Deakins • June 27, 2018
The decades-long battle over union security faces two important pivot points during the summer of 2018. On June 27, 2018, the Supreme Court of the United States handed unions a major defeat in the season’s first major fight. With its 5-4 decision in Janus v. AFSCME Council 31, the Court prohibited union security in the public sector, even in the form of “fair share” fees aimed at representational expenses, as impermissible violations of the First Amendment. Meanwhile, in Missouri, an August vote could tip the national scales in favor of right-to-work legislation in the private sector.