The Supreme Court may have declared mandatory union fees from public-sector workers unconstitutional, but labor watchdogs and management attorneys expect the battle over paycheck deductions to continue.
On Wednesday the Supreme Court declared policies that coerced public-sector workers to pay dues or fees as a condition of employment an unconstitutional violation of the First Amendment. The case, Janus v. American Federation of State, County, and Municipal Employees, overturned a decades-old practice justices had previously sanctioned under its 1977 Abood decision.
“Forcing free and independent individuals to endorse ideas they find objectionable raises serious First Amendment concerns … employees must choose to support the union before anything is taken from them,” Justice Samuel Altio said in the 5-4 ruling. “The State’s extraction of agency fees from nonconsenting public-sector employees violates the First Amendment.”
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