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Breaking: United States Supreme Court Issues Much Anticipated Ruling in Janus v. AFSCME


At the end of the Supreme Court's term, the Court has issued a decision today in one of the most anticipated (and potentially far reaching) labor law cases in recent memory.  For those needing a refresher, the Court heard oral arguments in Janus v. AFSCME back in February in a case that addressed whether workers that do not join a public sector union can be forced to pay agency fees (a/k/a "fair share" fees) to cover the costs of having the union represent them during the collective bargaining process.  The law, as currently written (and challenged with this case), allowed unions to charge these agency fees even if workers did not join a union.  Needless to say, these agency fees had become a major point of contention among anti-union groups that criticized the compelled fees as a violation of the First Amendment.

During oral arguments a few months ago, some Justices echoed the "talking points" previously made in regard to agency fees and seemed to signal how they might rule in the case, with Justice Sonya Sotomayor suggesting that a ruling against requiring workers to pay agency fees could signal an end to unions (and therefore seemed to indicate she would rule against Janus) while Justice Anthony Kennedy pointed out that agency fees were actually compelled subsidization of a private party (and therefore amounted to a violation of the First Amendment).

As I predicted, today's ruling from the Court was close, with a 5 - 4 decision in favor of Janus and against forced agency fees in regard to public sector unions.  (For those wondering, Justice Alito wrote the majority opinion for the Court with Chief Justice Roberts, and Justices Kennedy, Thomas, and Gorsuch joining.  Justice Sotomayor, Kagan, Ginsburg, and Breyer joined the dissent).  Many readers are likely now wondering what the implications of this ruling mean for labor unions and workers going forward.  In short, the Court's ruling is monumental in so much that since agency fees are now eliminated, many workers will have fewer reasons to join a (public sector) union.  The Court's ruling allows non-union employees to remain non-union and still enjoy the benefits of union representation in the collective bargaining process without having to pay the union for the representation.  With union membership already in decline (with approximately only 10.7% of the U.S. workforce a part of a union), this decision is likely to mark another major strike against unions and their supporters.

One thing that I did find interesting in the majority opinion (and found in footnote 6), was the suggestion that unions could still be allowed to charge non-union employees for representing them in grievance proceedings.  The argument follows, therefore, that unions could refuse to represent these particular employee in these situations if the non-union employees did not pay for the representation.  If there is one bright spot for organized labor after paging through this lengthy opinion, this is probably it.

I suspect in the coming days and weeks, much will be written about the Court's decision and the far reaching impact the decision is likely to have.  In the interim, this decision is a major victory for pro-business and anti-union groups.


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