• U.S. Supreme Court to Reconsider Whether Employees May Be Forced to Pay Fair Share Fees to Unions
  • November 21, 2017 | Authors: Jamie R. Adams; Charles S. Birenbaum
  • Law Firm: Greenberg Traurig, LLP - San Francisco Office
  • Public sector employees may no longer have to make financial contributions to their unions. This term, the issue before the U.S. Supreme Court in Janus v. AFSCME is whether public-sector “agency shop” arrangements should be invalidated under the First Amendment. Agency shop arrangements require employees who are not members of a union to pay “agency fees” or “fair share fees,” which are a proportionate share of the costs of union representation. Fair share fees may not to be used by unions to further political purposes. Forty years ago, the Abood Court held that such agency shop clauses were valid insofar as the service charge is used to finance the union’s expenditures for collective bargaining, contract administration, and grievance adjustment.