As we wait on a decision from the Supreme Court in Janus v. AFSCME, let’s review what the case boils down to: Can public-sector unions compel nonunion members to pay these fees? Or is that a violation of those workers’ First Amendment rights, and thus impermissible under the Constitution because the fees may also support the union’s political speech and legislative agenda?
The case was brought by Mark Janus, a child support worker in Illinois, who chose not to join the American Federation of State, County and Municipal Employees, the union that represents state employees. Janus also objected to paying a $45 union fee – otherwise know as an “agency” or “fair share” fee – that was automatically deducted from his paycheck every month under AFSCME’s contract. A union’s right to collect such fees was affirmed under the Supreme Court’s previous decision, which allowed unions to charge only for services that nonunion members benefit from, such as negotiating and administering a collective bargaining agreement and handling grievance procedures.
As soon as a decision is released, Kriha Law will update you with all of the facts and information.