Last week, the U.S. Supreme Court heard the issue of whether public sector agency shop arrangements violate the First Amendment. Hearing this issue for a second time, the court will decide whether to overturn a 1977 ruling that held that the service charges used to finance expenditures by the public sector union for collective bargaining, contract administration, and grievance adjustment purposes, are valid, even if the public employee is not a union member. Just last year, the court examined this very issue in Friedrichs v. California Teachers Association, Docket No. 14-915, and found for the teachers union in an equally divided court. The decision came just after the death of Justice Antonin Scalia. Notably, this second time around leaves the tie-breaking vote in Janus v. American Federation of State, County, and Municipal Employees Council 31 to Justice Neil M. Gorsuch. Illinois has a law similar to that upheld in Abood v. Detroit Board of Education. The governor of Illinois brought a lawsuit challenging the law on the ground that the statute violates the First Amendment by compelling employees who disapprove of the union to contribute money to it. The district court dismissed the complaint on the grounds that the governor lacked standing to sue because he did not stand to suffer injury from the law, but two public employees intervened in the action to seek that Abood be overturned. Given that Abood is binding on lower courts, the district court dismissed the claim, and the Seventh Circuit affirmed dismissal for the same reason. During Monday’s argument, the court's newest member, Justice Gorsuch, listened intently during the 60-minute argument but remained silent – not tipping his hand. Because the outcome of this case will have a wide reaching impact on the power of public sector unions, particularly as it affects whether the unions can collect a large source of their revenue, we will keep you updated as a decision is expected by late June.
Which Side Will Justice Gorsuch Fall On Public Sector Union Fees?
RELATED ARTICLES
Illinois Supreme Court Holds Five-Year Limitations Period Applies To All BIPA Claims
February 10, 2023 | High Stakes Employment Issues, Currents - Employment Law, State Labor Laws
Illinois Federal Court Rejects Arbitration of BIPA Class Action
June 10, 2020 | Currents - Employment Law
Illinois Supreme Court Affirms School District Must Pay for Emergency Construction
June 5, 2020 | Construction Law
Seventh Circuit Confirms Article III Standing for BIPA Plaintiffs
May 7, 2020 | Currents - Employment Law
Plaintiffs Prevail in Appeal of Illinois Prevailing Wage Act Case
April 27, 2020 | Currents - Employment Law, Construction Law, Contracts
Illinois Supreme Court Holds Five-Year Limitations Period Applies To All BIPA Claims
February 10, 2023 | High Stakes Employment Issues, Currents - Employment Law, State Labor Laws
Illinois Federal Court Rejects Arbitration of BIPA Class Action
June 10, 2020 | Currents - Employment Law
Illinois Supreme Court Affirms School District Must Pay for Emergency Construction
June 5, 2020 | Construction Law
Seventh Circuit Confirms Article III Standing for BIPA Plaintiffs
May 7, 2020 | Currents - Employment Law
Plaintiffs Prevail in Appeal of Illinois Prevailing Wage Act Case
April 27, 2020 | Currents - Employment Law, Construction Law, Contracts
Third-Party Biometric Timekeeping Provider Chops Down BIPA Liability
April 14, 2020 | Currents - Employment Law
Illinois Makes Workers Compensation More Accessible for COVID-19 First Responders and Front Line Workers
April 14, 2020 | Currents - Employment Law, Employee Health Issues
Illinois Court Shines a (Heat) Lamp on Insurer’s Duty to Defend BIPA Claims
March 26, 2020 | Policyholder Protection, Privacy, Currents - Employment Law
Illinois Issues COVID-19 Stay-at-Home Order, Excluding Essential Businesses and Operations
March 20, 2020 | Currents - Employment Law
Chicago Workers to Earn $15 Minimum Wage by 2021
December 16, 2019 | Currents - Employment Law
Big Changes For Illinois Employers: Workplace Transparency Act
September 24, 2019 | Currents - Employment Law, Workplace Culture and Conduct
Illinois Imposes Retainage Limits in Construction Contracts
August 28, 2019 | Construction Law, Contracts
Illinois EPA Amendment Lowers Standard For Discrimination Claims
August 8, 2019 | Currents - Employment Law, Employment Discrimination
Illinois Amends Equal Pay Act To Ban Questions About Applicants' Pay History
August 6, 2019 | Currents - Employment Law, Employment Lessons
New Illinois #MeToo Legislation Targets Sexual Harassment in the Workplace
April 3, 2019 | Currents - Employment Law, Workplace Culture and Conduct, Employment Discrimination
New Expense Reimbursement Requirements in Illinois Leave Employers Guessing
January 22, 2019 | Currents - Employment Law
Don’t Forget: New Procedures for Illinois Charges of Discrimination
October 19, 2018 | Employment Discrimination, Currents - Employment Law
Paid sick leave in Chicago and Cook County: Are you compliant with notice and carry over requirements?
June 29, 2018 | Employee Leave, Currents - Employment Law
ICE Raids on 7-Eleven Franchise Stores Result in 21 Arrests
January 12, 2018 | Employment Lessons, High Stakes Employment Issues, Currents - Employment Law
Attention Illinois Employers: 3 Handbook Policies to Revisit Now
October 13, 2017 | EEOC, Employee Leave, Employment Lessons, Currents - Employment Law
Illinois Governor Vetoes Employment Bills Aimed at Salary History Inquiries, Wage Issues
August 29, 2017 | Employment Lessons, Currents - Employment Law
Illinois Amends Unemployment Act
December 9, 2015 | Employment Lessons, Currents - Employment Law
New rules provide insights for pregnancy accommodations in Illinois
September 18, 2015 | Pregnancy, Currents - Employment Law
Teacher’s Online Rants About Students Are Not Protected By First Amendment
September 11, 2015 | Employment Discrimination, Currents - Employment Law
Pregnancy Non-Discrimination Poster Now Required in Illinois
January 14, 2015 | Employee Health Issues, Employment Discrimination, Pregnancy, Currents - Employment Law
CAUTIONARY TALE FOR PUBLIC EMPLOYERS – REMEMBER THE FIRST AMENDMENT
September 22, 2014 | Employment Discrimination, Currents - Employment Law
New Illinois Law Will Require Pregnancy Accommodations Starting January 1, 2015
September 5, 2014 | Employee Health Issues, Pregnancy, Currents - Employment Law
Illinois Governor Signs Payroll Card Law
August 7, 2014 | Fair Labor Standards Act, Currents - Employment Law
Pregnancy accommodations could soon be required in Illinois
June 3, 2014 | Employee Health Issues, Pregnancy, Currents - Employment Law
Illinois Case Reminds (Again): Document Rights and Responsibilities On Company Social Media Accounts
March 10, 2014 | Social Media and Technology, Currents - Employment Law
Your Facebook “Like” May Be Constitutionally-Protected Speech
September 27, 2013 | Social Media and Technology, Currents - Employment Law
Illinois Courts to Require Redaction of Personal Identity Information
October 31, 2012 | Traditional Labor, Currents - Employment Law
High Court Will Not Evaluate Whether Summary Judgment Orders Violate Plaintiffs’ Seventh Amendment Rights
October 16, 2012 | Employment Discrimination, Currents - Employment Law
New Illinois Law Prohibits Employers from Seeking Social Media Password Information
August 6, 2012 | Social Media and Technology, Currents - Employment Law
Offers of Judgment Support Dismissal of Wage and Hour Claims
July 27, 2012 | Fair Labor Standards Act, Currents - Employment Law
Don’t Screen Out State Laws When Hiring
June 29, 2012 | Employment Discrimination, Currents - Employment Law
Employee Social Networking Password Protection May Soon Become Law in Illinois
June 26, 2012 | Social Media and Technology, Currents - Employment Law
Court Rules Participation in Post-Lawsuit Internal Investigation is Protected Activity
June 22, 2012 | Employment Discrimination, Currents - Employment Law
RELATED PRACTICE AREAS
Subscribe
Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.
View Subscription Center