The Supreme Court’s recent decision in the case of Janus v. American Federation of State, County, and Municipal Employees quickly rose to landmark status in employment law. The 5-4 ruling by the high court determined it is unconstitutional to force nonunion workers to pay fees to unions in the public sector. Justices for the majority decisions explained that forcing workers to financially back an organization whose views they did not necessarily agree with was a violation of their First Amendment right to free speech, according to a CNBC report. The decision overturned the 1977 Supreme Court ruling in Abood v. Detroit Board of Education, which stated fees could be collected for collective bargaining, but not for political purposes. Some believe, however, that by nature collective bargaining and union practices are political.
While the ruling does not affect the private sector directly, the spirit of the decision certainly sets a precedent for legal disputes with private employment unions. It also helps bolster laws that already exist in 27 states which forbid agreements between unions and employers to force all employees who are part of a bargaining unit to contribute to union dues. The ruling is viewed by many as a victory for individual liberties. Continue Reading ›