The U.S. Supreme Court will once again address whether public-sector unions can collect mandatory fees from nonmembers to help pay for collective bargaining. As previously reported, the high court heard this issue last term in the case of Friedrichs v. California Teachers Association and appeared poised to rule against the union, but deadlocked 4-4 following the death of Justice Antonin Scalia. That caused the lower court’s decision in favor of the unions to stand. Now that the court is at full strength, newly confirmed Justice Neil Gorsuch may provide the determining vote banning the fees in favor of GOP lawmakers’ and business advocacy groups’ agendas. The new case, Janus v. American Federation of State, County and Municipal Employees, concerns an Illinois state employee who claims the fees violate his First Amendment rights. The employee is not a member of the American Federation of State, County and Municipal Employees, but is required to pay fees to the union as a state employee, as Illinois law requires workers who choose not to join a union to “pay their proportionate share of the costs of the collective bargaining process, contract administration and pursuing matters affecting wages, hours and other conditions of employment.” More than 20 states have similar “fair share fees” laws. The Supreme Court’s precedent-setting decision in Abood v. Detroit Board of Education holds that nonmembers do not have to pay fees for the union’s political activities, but that exemption does not extend to fees for collective bargaining issues such as employment conditions. The challengers in the new case argue all compulsory fees violate the First Amendment. The court will hear arguments early next year and is expected to issue a ruling by June 2018.
Will Mandatory Fees to Public Unions Survive? SCOTUS Set to Revisit the Issue
RELATED ARTICLES
Up and Away: Union Organizing Skyrockets 57% in Last Six Months
April 19, 2022 | Labor Relations, National Labor Relations Board, Union Organizing
Will A Starbucks Union Affect Your Morning Cup Of Coffee?
January 10, 2022 | Labor Relations, Labor Agreements, Union Organizing
Have The Tables Turned In Collective Bargaining?
October 21, 2021 | Labor Relations, Labor Agreements, Unions and Union Membership
Do You Have To Negotiate The Vaccine With Your Union?
July 22, 2021 | Labor Relations, Labor Agreements
How Long Does It Take To Negotiate A Union Contract?
July 13, 2021 | Labor Relations, National Labor Relations Board, Union Organizing, Unions and Union Membership
Up and Away: Union Organizing Skyrockets 57% in Last Six Months
April 19, 2022 | Labor Relations, National Labor Relations Board, Union Organizing
Will A Starbucks Union Affect Your Morning Cup Of Coffee?
January 10, 2022 | Labor Relations, Labor Agreements, Union Organizing
Have The Tables Turned In Collective Bargaining?
October 21, 2021 | Labor Relations, Labor Agreements, Unions and Union Membership
Do You Have To Negotiate The Vaccine With Your Union?
July 22, 2021 | Labor Relations, Labor Agreements
How Long Does It Take To Negotiate A Union Contract?
July 13, 2021 | Labor Relations, National Labor Relations Board, Union Organizing, Unions and Union Membership
Unblocked: Labor Board Declines To Delay Decert Election Based On Pending ULPs
June 4, 2021 | Labor Relations, National Labor Relations Board, Union Organizing
And The Survey Says: Companies Fared Well In Their 2020 Union Negotiations
April 27, 2021 | Labor Relations, Unions and Union Membership, Labor Agreements
Status Quo: Contract Bar Doctrine Remains Intact
April 22, 2021 | Labor Relations, National Labor Relations Board, Labor Agreements
Union Decertification Update: NLRB Extends Comments Deadline For Contract Bar
September 18, 2020 | Labor Relations, National Labor Relations Board, Labor Agreements
NLRB Signals Potential Rewrite of Contract Bar Doctrine
July 10, 2020 | Labor Relations, National Labor Relations Board
NLRB Continues to Turn Back the Clock, Restoring Pre-Obama Disciplinary Rule
June 24, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Do You Have To Bargain With Your Predecessor’s Union After You Bid On And Win A Contract?
June 22, 2020 | Labor Relations, Unions and Union Membership
Labor Law Considerations As You Restart Your Business
May 8, 2020 | Labor Relations, Unions and Union Membership, Federal Laws and Legislation
Coming Into Focus: Labor Board Issues Some NLRA Pandemic Guidance For Employers
April 2, 2020 | Labor Relations, National Labor Relations Board
Beware of the Small Print! CARES Act Provide Boons to Labor Unions
March 27, 2020 | Labor Relations, Unions and Union Membership
Can You Conduct Collective Bargaining By Phone or Teleconference In the Age of Coronavirus?
March 26, 2020 | Labor Relations, National Labor Relations Board
What Public Employers Are Seeing From Their Unions During The COVID-19 Outbreak
March 26, 2020 | Labor Relations, Public Employees, Unions and Union Membership
Do You Have To Bargain With Your Union Over Your Coronavirus Response Measures?
March 19, 2020 | Labor Relations, Unions and Union Membership
Ouch! Company Ordered To Reopen, Rehire Illegally Fired Employees
March 10, 2020 | Labor Relations, National Labor Relations Board, Union Organizing
Dues Check Off Provisions Once Again Expire With CBA, NLRB Rules
December 16, 2019 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Too Small? NLRB’s New Micro-Unit Test Likely Headed to Federal Court
December 4, 2019 | Labor Relations, National Labor Relations Board
Why It's Critical That Employers Choose Words Carefully at the Bargaining Table
September 20, 2019 | Labor Relations, National Labor Relations Board
At Long Last, NLRB Adopts Contract Coverage Over Waiver
September 12, 2019 | Labor Relations, National Labor Relations Board
This is the Clause That Never Ends, It Goes on and on, My Friends
August 19, 2019 | Labor Relations, National Labor Relations Board
Reeling from Janus, Public Unions Haled Into Court On Past Fees
October 19, 2018 | Unions and Union Membership, Labor Relations
NLRB To Renegotiate … Its Own CBA!
August 14, 2018 | National Labor Relations Board, Labor Relations
NLRB Expands Unions’ Ability to Acquire Information to Investigate Discrimination Complaints
April 30, 2018 | National Labor Relations Board, Unions and Union Membership, Labor Relations
Supreme Court to Decide Whether “Fair Share” Fees Violate Free Speech
February 2, 2018 | Unions and Union Membership, Labor Relations
Survivor: Iowa Law Curtailing Public Union’s Powers Fends Off Court Challenge
November 1, 2017 | State Labor Laws, Union Organizing, Labor Relations
Survey Says: Incentive-Based Pay Systems Provide Higher Compensation Than Time-Based Models
October 16, 2017 | Labor Agreements, Labor Relations
Negotiating Tips: The Art of the Ratification Bonus
June 23, 2017 | National Labor Relations Board, Unions and Union Membership, Labor Relations
God in the Details - NLRB Modifies Test for Jurisdiction Over Religious Education Employers
January 22, 2015 | National Labor Relations Board, Labor Relations
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