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U.S. Supreme Court Holds Agency Shop Fees Unconstitutional

June 27, 2018
As expected, the U.S. Supreme Court in its highly anticipated decision in Janus v. AFSCME struck down a requirement that a represented employee pay an agency shop fee to their designated union violates that employees’ First Amendment free speech rights.
 
Cities and other public agencies now need to move quickly to ensure they are in compliance with the new law. This is particularly critical for those cities that use an automatic payroll deduction for the agency shop fee payment.
 
In addition, cities need to pay attention to SB 866. This budget trailer bill makes various changes to the law governing the relationship between public employers, their employees, and the unions that represent those employees. This trailer bill was drafted in anticipation that the U.S. Supreme Court would issue the ruling it did. SB 866 is currently on the desk of Gov. Jerry Brown awaiting signature.
 
Cities should consult with their legal counsel to fully understand the implications of the Janus decision and the new requirements that would be imposed if the Governor signs SB 866.
 
The Janus decision is available online.


 
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