The Janus Decision: the End of Agency and Fair Share Fees

SCHOOL LAW ADVISORY
Volume 30, No. 4

In Janus v. American Federation of State, County, and Municipal Employees, Council 31, the U.S. Supreme Court, by a 5-4 decision, held that requiring non-consenting public employees to pay “agency” or “fair share” fees violates the First Amendment to the U.S. Constitution. This decision is a significant shift, because the Court overruled a 40-yearold decision in Abood v. Detroit Bd. Of Ed.,2 which held that agency fees were permissible as long as they did not include costs associated with a union’s political or ideological agenda.

As background, recall that in the public sector, compulsory union membership has always been considered unlawful, and requiring or preventing a citizen from joining any organization, such as a union, is a violation of his/her right to freedom of association under the First Amendment. Thus, a school unit cannot be party to a collective…To continue reading, visit https://schoollaw.com/school-law-advisory.

The School Law Advisory is a quarterly publication that addresses key issues in school law, including school finance, employment, collective bargaining, student rights and special education. If you keep up with the School Law Advisory, you keep up with school law. Don’t miss out, subscribe today!