On June 27, the U.S. Supreme Court ruled public-sector "agency shop" arrangements mandating union fees from nonconsenting public-sector employees are unconstitutional.
In the 5-4 vote deciding Janus v. American Federation of State, County and Municipal Employees, Council 31, court justices found such arrangements violate the First Amendment. The case stemmed from a complaint filed by a child support specialist in Illinois who challenged the $45 monthly fee he was required to pay to the union that represents him though he is not a member.
Writing for the majority, Justice Samuel A. Alito Jr. said: "The First Amendment is violated when money is taken from nonconsenting employees for a public-sector union; employees must first choose to support the union before anything is taken from them. Accordingly, neither an agency fee nor any other form of payment to a public-sector union may be deducted from an employee, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay."
The ruling will alter how public-sector unions function and may have implications for private-sector labor issues, as well. Critics warn unions will be weakened and workers' collective bargaining strength will be compromised if current members decide to leave their unions. Others argue the ruling will force unions to provide a better value provision to retain and attract members, rather than relying on forced fees, which could ultimately strengthen unions.
