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Posted on: July 2, 2018

Janus Decision: SCOTUS Ruling Restricts Public Sector Unions’ Power to Collect Fees

On Wednesday, the Supreme Court of the United States (SCOTUS) issued its ruling in Janus v. AFSCME Council 31. This highly anticipated case involved a challenge to the ability of public sector unions to force nonmember government workers to pay agency fees. In a 5-4 decision, the Court ruled that “States and public-sector unions may no longer extract agency fees from nonconsenting employees” reasoning  that such a scheme “violates the free speech rights of nonmembers by compelling them to subsidize private speech on matters of substantial public concern.”
 
For a more detailed analysis on this ruling including the municipal impact and the potential for conflict with the recently enacted Workforce Democracy Enhancement Act, please see the League’s recent blog post. In addition, you may find the analysis written by League Labor Relations Counsel, Joseph Hannon, Esq., and Jennifer Roselle and Ryann Aaron from the Genova Burns law firm informative. This can be read at the firms’ website.
 
Contact: Frank Marshall, Esq., League Staff Attorney, FMarshall@njslom.org, 609-695-3481, Ext. 137.

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