In Abood v. Detroit Board of Education, 431 U.S. 209 (1977), the Supreme Court upheld a state law which required public sector employees to pay an amount equal to union dues, but not join the union. This landmark First Amendment decision compromised the right of objectors (by recognizing that they do not have to join the union) as well as the right of unions (by allowing them to collect what are essentially dues because they have the obligation to represent non members).
In a series of cases, the concept of Agency Fee has been under attack. The Supreme Court granted cert and last term, split 4-4 after the death of Justice Scalia.
On March 21, 2017, the 7th Circuit-in an opinion by Judge Posner-decided a case that just may make it to the Supreme Court. Janus v. ASFME, ____F.3d____(7th Cir. March 21, 2017). The outcome of this case was never in doubt because the 7th Circuit was bound to follow Abood.
Will the Supremes grant cert in this case. I think they will. Why? First, Judge Posner is probably one of the most respected circuit judges. Additionally, the case was decided on a motion to dismiss and it presents purely a legal question. Third, the Supremes just split 4-4 on this very issue which by definition illustrates that this case involves an important legal issue.
What will the Supremes do? That is anyone's guess. Though I heard that our new Justice has never ruled on an agency fee issue, he is known to be conservative and he was appointed by let's say, not the most liberal President. So, some public sector unions are in for the fight of their life.
A blog edited by Arbitrator Mitchell Rubinstein which is designed to inform employers, unions, individuals, and lawyers about my practice and about recent developments in the field of labor and employment law. Mitchell Rubinstein is a labor arbitrator and handles business and commercial arbitrations before FINRA.
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Does Janus Invalidate Mandatory Bar Association Membership Fees
Several lawyers are challenging mandatory bar dues requirements after Janus. Until Janus, the law in most, if not all, jurisdictions was tha...
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In Abood v. Detroit Board of Education, 431 U.S. 209 (1977), the Supreme Court upheld a state law which required public sector employees to ...
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Croci v. Town of Haverstraw , 175 F. Supp. 3d 373 (S.D.N.Y. 2016), is an important decision to be aware of. It is common for employees who...
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Several lawyers are challenging mandatory bar dues requirements after Janus. Until Janus, the law in most, if not all, jurisdictions was tha...
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