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U.S. Supreme Court’s Decision in Janus v. AFSCME is Imminent

June 18, 2018
As the U.S. Supreme Court’s term winds down, the Court’s highly anticipated decision in Janus v. AFSCME will be issued by the end of the month. 
 
In this case, the Court is looking at the question of whether a requirement that a represented employee pay an agency shop fee to their designated union violates that employees’ First Amendment free speech rights.
 
If, as most legal commentators expect, the U.S. Supreme Court decides that agency shops fees are unconstitutional as compelled speech, cities and other public agencies will 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 a bill moving through the Legislature, AB 1832. This budget trailer bill, with provisions that the League opposes, makes various changes to the law governing the relationship between public employers, their employees, and the unions that represent those employees. AB 1832 is directly in anticipation of the expected decision in Janus and would take effect immediately upon Gov. Jerry Brown signing it.
 
Cities should consult with their legal counsel to fully understand the implications of the expected decision in Janus and the new requirements that would be imposed by AB 1832.


 
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