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Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466, 585 U.S. ___ (2018), abbreviated Janus v.AFSCME, is a landmark decision of the US Supreme Court on US labor law, concerning the power of labor unions to collect fees from non-union members.
In the United States, the fee paid by non-union members under the agency shop is known as the "agency fee". [11] [12] [13] Where the agency shop is illegal, as is common in labor law governing American public sector unions, a "fair share provision" may be agreed to by the union and the employer. The provision requires non-union employees a pay ...
However, the non-union worker must pay a fee to cover collective bargaining costs. [1] The fee paid by non-union members under the agency shop is known as the "agency fee". [2] [3] Where the agency shop is illegal, as is common in labor law governing American public sector unions, a "fair share provision" may be agreed to by the union and the ...
The 1947 federal Taft–Hartley Act governing private sector employment prohibits the "closed shop" in which employees are required to be members of a union as a condition of employment, but allows the union shop or "agency shop" in which employees pay a fee for the cost of representation without joining the union. [1]
AFSCME case, which ended the compulsion of non-union, public employees to pay agency fees, or what are colloquially known as 'fair-share fees,' the NEA's total membership and agency fee payers dropped from 3,074,841 on its November 28, 2017, report [33] to 2,975,933 in its August 31, 2019, report, [34] a total loss of 98,908 dues payers.
A union security agreement is a contractual agreement, usually part of a union collective bargaining agreement, in which an employer and a trade or labor union agree on the extent to which the union may compel employees to join the union, and/or whether the employer will collect dues, fees, and assessments on behalf of the union.
Fees are generally one-time-only payments made by the union member to the union to cover the administration of ongoing programs or activities. One example is the initiation fee, a fee charged by the union to the worker when the employee first joins the union. The initiation fee covers the administrative costs of joining the union.
The dissenting judges argued that union fees merely paid for benefits of collective bargaining that non-members otherwise received for free. These factors led campaign finance reform to be one of the most important issues in the 2016 US Presidential election , for the future of the labor movement, and democratic life.