25 September 2023

UNITED STATES: Court ruling sets unions back

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UNITED STATES

The US Supreme Court has overturned one of its own rulings from 40 years ago by determining that non-union workers cannot be forced to pay fees to public sector unions.

The case — one of the most anticipated of the Supreme Court’s term — was the second in two days to hand a major victory to conservatives, following the upholding of President, Donald Trump’s travel ban.

Both decisions were by five–four majorities.

Some experts said this latest ruling, in favour of the plaintiff, Mark Janus, would be the most significant court decision affecting collective bargaining in decades.

Mr Janus, an employee at the Illinois Department of Healthcare and Family Services, had asked the court to overrule a 1977 decision that found public sector unions could require employees affected by their negotiations to pay so-called fair share fees.

Mr Janus argued his $45 monthly fee to the American Federation of State, County and Municipal Employees (AFSCME) was unconstitutional in that it infringed on his First Amendment rights.

The court dismissed the union’s argument that the fees prevented free-riding from employees who benefited from the union’s negotiations.

The AFSCME argued that, because it was obligated by law to represent the interests of both union and non-union members, the fees were a way for employees to pay their fair share for contact negotiations from which they benefited.

Commenting on the decision, a senior lawyer and expert in labour law, Lauren Novak said that without the ability to collect fair share fees, many public sector unions might not survive.

Washington, DC, 28 June 2018

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