5–4 Ruling by U.S. Supreme Court Puts an End to Public Sector Union “Agency Fees”

In a 5-4 decision split along ideological lines, the U.S. Supreme Court has issued a ruling overturning 40 years of precedent, finding that public sector union employees have a constitutional right not to pay so-called “agency fees.”

The majority’s opinion in Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466 (U.S. June 27, 2018), written by Justice Samuel Alito, concludes that mandatory union fees paid by public sector employees who disagree with the union’s positions violate the workers’ First Amendment free speech rights.

Importantly, while the Court’s decision is likely to have a major impact on public sector unions, it has no direct private sector impact.

Members of the Center for Workplace Compliance (CWC) can read more here.