On June 27, 2018, the US Supreme Court issued its decision in Janus v. AFSCME Council 31. The Court held that the First Amendment to the US Constitution prohibits the compulsory payment of so-called “agency fee” or “fair share” payments by public sector bargaining unit members who have elected not to pay union dues. As a result of this ruling, all collective bargaining agreement provisions that require employees to make these payments are void. In addition, any forms executed by employees authorizing their employer to withhold agency fee amounts are no longer valid. In order to comply with this Court decision, public employers should immediately discontinue the collection of agency or fair share payments.
Drummond Woodsum recommends that you contact your bargaining unit representatives and notify them that you will no longer be collecting these fees. It is unclear how labor organizations will respond to this decision and what impact it will have on future bargaining.
Please contact Drummond Woodsum's Labor & Employment team to discuss how this ruling impacts your collective bargaining relationships.