U.S. Supreme Court Hears Oral Argument in Janus v. AFSCME
Published: February 28, 2018
On Monday, the U.S. Supreme Court heard oral argument in a case that could significantly impact the power of public employee unions, including the California Teachers Association, California Federation of Teachers and the California School Employees Association.
The case, Janus v. AFSCME, was brought by an employee of the Illinois Department of Healthcare and Family Services, Mark Janus, with the backing of the National Right to Work Legal Foundation. Janus argues that compelling employees to pay their compulsory “fair share” of union dues is a violation of their First Amendment rights.
In California and much of the country, public employees are required to pay their “fair share” of union dues regardless of whether they choose to join the union — these fees are used for the union’s collective bargaining activities. Unions argue that everyone who benefits from union representation should share fairly in the cost. Employees can currently only opt out of the fees that would go toward a union’s political activities. Janus is arguing that bargaining activity is political as well, and he should be able to opt out of paying any fees to the union.
If this sounds familiar, it is largely the same arguments made in Friedrichs v. California Teachers Association, which resulted in a 4-4 split decision at the U.S. Supreme Court in 2016. Many expect the Supreme Court to rule 5-4 this time around in favor of overturning the precedent allowing for “fair share” fees.
If the court strikes down these “fair share” fees, public employees will be able to opt out of paying any union dues when choosing not to join the union. The decision would reverse decades of reliance on the Supreme Court’s decision in Abood v. Detroit Board of Education, which upheld requiring employees to pay collective bargaining fees to their union, and may create an uncertain future for public employee labor unions.
EdSource's explainer of the case provides additional information on the arguments presented and what's at stake for labor unions:
https://edsource.org/2018/whats-at-issue-whats-at-stake-in-janus-the-supreme-court-case-challenging-compulsory-union-fees/594051.