Both employers and unions are waiting for the Supreme Court’s decision in Janus v. AFSCME. The issue in the case is whether public sector unions can compel workers who have declined to become members to pay them an “agency fee” that covers the union’s activities other than political action.
The Court’s decision, which is expected this summer, is likely to significantly impact the future of public sector unions. It may also impact municipal employers if the agency fee is found to violate the First Amendment. In that case, negotiated agency fee arrangements would no longer be valid and would need to cease immediately.
Municipal employers are encouraged to assess their ability to make payroll changes if the agency fee is deemed illegal, and to review those changes with affected unions.
