On June 27, 2018, the United States Supreme Court decided in
a 5-4 decision that public sector unions may no longer collect “fair share”
fees from non-members. The decision in Janus
v. American Federation of State, County and Municipal Employees, Council 31,
has broad implications for public sector unions and employers.
Fair share fees are charged to employees who fall within a
bargaining unit but choose not to join the union. Employers may deduct the fees
directly from the employee’s paychecks and pay the money over to the union. The
Court’s decision prohibits employers from continuing to withhold fair share
fees.
The plaintiff in Janus argued, and the Court agreed,
that being required to pay the fair share fees to a union violated his First
Amendment right to free association. The
Court described the fees as “unconstitutional exactions” that cannot be allowed
to continue. Because nonmembers are
waiving their First Amendment rights by allowing these payments, employee
consent to the payments must now be freely given.
