This week is National Employee Freedom Week and there is certainly reason to celebrate! On June 27, 2018 the U.S. Supreme Court released hundreds of thousands of non-union public employees from the burden of paying agency fees via the Janus v. AFSCME decision.
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The Supreme Court of the United States today dealt a major blow to public sector employment unions. At issue was whether public sector unions are permitted to withhold fees, without consent, from employees who do not want to join the union. The specific law at issue in the case is an Illinois law that allowed public sector unions to withhold what is called an “agency fee” from nonmember employees. The idea is that where a union has been recognized as the exclusive bargaining unit, it has the responsibility to represent all employees during collective bargaining, whether member or not. Thus, the agency fee, which amounts to a specified percentage of the normal union dues, is justified—or so the argument goes—because the nonmember employee is receiving benefits of representation. The Supreme Court disagreed.
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