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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. [2] [3] The provision requires non-union employees to pay a "fair share fee" to cover the costs of the union's collective bargaining activities. The "fair share" is similar ...
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.
The term "Financial Core" was first used in a 1963 United States Supreme Court decision, National Labor Relations Board v. General Motors. [1] The court determined, while workers cannot be compelled to be a union "member" as a condition of employment, they would be compelled to pay their share of a union's collective bargaining activities. The ...
Opponents argue that right-to-work laws restrict freedom of association, and limit the sorts of agreements that individuals acting collectively can make with their employer by prohibiting workers and employers from agreeing to contracts that include fair share fees. They also argue that American law imposes a duty of fair representation on ...
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 ...
California Civil Code Section 22.2 is as follows: "The common law of England, so far as it is not repugnant to or inconsistent with the Constitution of the United States, or the Constitution or laws of this State, is the rule of decision in all the courts of this State."
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Davenport v. Washington Education Association, 551 U.S. 177 (2007), is a ruling by the Supreme Court of the United States in which the Court held that it does not violate the First Amendment for a state to require its public-sector unions to receive affirmative authorization from a non-member before spending that nonmember's agency fees for election-related purposes.