Hot Button Law - Employment Law Flashcards
What was the ruling in Janus and what are the implications of the ruling?
2018 Janus case - 5-4 ruling of the US Supreme Court HOLDING that “fair share” clauses in Public Sector Union contracts violate non-member payers’ First Amendment Constitutional rights. (undid 41 years of precedent) Implications: Far reaching implications for Public (and perhaps Private) sector Union Membership and thus dues revenue. The Supreme Court determined that public-sector employees have a right, protected by the First Amendment, to not pay agency fees. Essentially, public-sector employees should not be forced to subsidize the speech of other employees. Public-sector employees that have paid these fees no longer have to do so. Many union members may drop their membership since the cost difference between being a non-member and a union member has increased. Examples of resulting Litigation: Recoupment of Union dues payments as damages, Maintenance of membership clauses, Voiding existing contract clauses, Exclusivity, and Attempts to expand the majority’s Janus reasoning to other areas. Several state legislature to lesson the ruling have enacted legislation.
