The Supreme Court rules in Janus v. American Federation of State, Municipal and County Employees that free speech rights of public sector employees override a union’s right to collect agency fees. Today, June 27, one of the most highly anticipated Supreme Court decisions of the term, was handed down. The Janus Court held in a 5-4 decision that public sector employees who are not union members cannot be compelled to pay “agency fees.”  The Janus Court overruled the Supreme Court’s earlier 1977 decision in Abood v. Detroit Board of Education, wherein the Court had held that charging non-union members for political activity such as lobbying violated the First Amendment, but that non-members could be required to pay fees (the “fair share” or “agency” fee) to cover the costs to negotiate and enforce a collective bargaining agreement.  In overturning Abood, the Court concluded that the First Amendment is violated when money is taken from nonconsenting employees for a public-sector union; employees must choose to support the union before anything is taken from them.

While profoundly significant and no doubt a defeat for public sector unions, the effect of Janus is somewhat blunted in New York, due to a bill signed into law by Governor Cuomo on April 12, 2018.  Anticipating the worst, Governor Cuomo, following legislative approval, enacted amendments to the Taylor Law and the General Municipal Law to inoculate public sector unions in New York from the anticipated effects of today’s Janus decision.  The New York law requires public sector employers to notify the union representing its employees of the name, address, job title, employing agency, and work location of any new hires or employees transferred or promoted into a bargaining unit position.  The new law also requires employers to permit the unions to meet with employees on paid work time so that the union can sign the employee up as a member.  This new law also alters a union’s duty of fair representation with respect to employees who do not agree to become union members.

Harris Beach will presenting a webinar on this topic at 8:30 a.m. on Wednesday, July 11, 2018. Click here to register.