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Category:Agency Fees

Trump on Janus

Jun 27, 2018 Benjamin Sachs

Recognizing the potential folly in engaging with a Trump tweet, I thought it was worth two quick comments on what the President had to say about Janus. Here’s the tweet: Supreme Court rules in favor of non-union workers who are now, as an example, able to support a candidate of his or her choice without having those […]

Janus

Jun 27, 2018 Benjamin Sachs

Alito writes Janus, decision is 5-4. Reversed and remanded. More soon.

May 21, 2018
News & Commentary

Jenny Braun

The Editorial Board of the New York Daily News yesterday drew attention to what has been a repeated “pilgrimage” in a stymied search for equal rights and fair treatment: the yearly trip of “some of New York State’s 100,000 field hands to the Capitol” to ask for rights to overtime pay, an unpaid weekly day […]

How Janus Could Spill into the Private Sector Without Radically Redefining the State Action Doctrine

Apr 19, 2018 Boyd Garriott

This term, the Supreme Court will decide Janus, where it will determine the future of agency shop agreements in public sector unions. Despite being a public-sector union case, Justice Ginsburg raised a question on many people’s minds at oral argument: “what happens in the private sector?” Her question may prove prescient, considering that five justices […]

Will the Court Consider the Facts in Janus?

Feb 28, 2018 Andrew Strom

Mark Janus’s lawyers are desperate to have the Court decide Janus v. AFSCME without considering any facts. Janus is an Illinois state employee, who is represented by AFSCME Council 31. Like all other employees in his bargaining unit, he is required to pay fair share fees to the union to cover the costs of providing […]

Coverage After the Janus Oral Argument

Feb 28, 2018 Maddy Joseph

The Supreme Court heard oral argument on Monday in Janus. Analyses report that, as expected, there were pointed questions for AFSCME and Illinois by Justices Alito and Kennedy; the four liberal justices took every opportunity to highlight the potential effects of overruling Abood on collective bargaining and the ability of governments to manage their workforces. Justice Gorsuch was […]

Janus Oral Argument Transcript

Feb 26, 2018 Maddy Joseph

The Supreme Court has posted the transcript of this morning’s oral argument in Janus. Notably, Justice Gorsuch, expected to be the deciding vote, did not speak during the argument. We’ll have more coverage of the oral argument later this week.

Using History to See the Glass Part Full in Janus v. AFSCME

Feb 21, 2018 Sophia Z. Lee

Janus v. AFSCME will soon decide the constitutional fate of fair-share fees for public sector unions. These fees support unions’ collective bargaining work on behalf of employees they are legally required to represent but who are not union members. Most prognosticators expect the Supreme Court to hand the National Right to Work Legal Defense Foundation (NRTWLDF) a win on its claim that such fees violate the First Amendment rights of non-union workers. Yet, as I develop further below, the history that led to Janus offers three thin rays of hope to the labor movement.

Janus Should Lose, and the Justices Know It

Jan 31, 2018 Andrew Strom

Most of the coverage of Janus v. AFSCME, like this recent piece in USA Today, simply (and perhaps correctly) assumes that the five Republican appointees on the Supreme Court will use the case to overturn Abood v. Detroit Board of Education, the 1977 case upholding fair share fees for public sector workers. But, now that […]

Janus Amicus: Economists & Law Professors

Jan 30, 2018 Maddy Joseph

A group of over two dozen economists and law and economics professors filed an amicus in Janus in support of the respondents. The brief argues that “decades if not centuries of economic theory and empirical evidence” establish that many who pay agency fees are not union objectors but free riders. The brief draws first on Mancur Olson’s […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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Trump on Janus

Janus

May 21, 2018

How Janus Could Spill into the Private Sector Without Radically Redefining the State Action Doctrine

Will the Court Consider the Facts in Janus?

Coverage After the Janus Oral Argument

Janus Oral Argument Transcript

Using History to See the Glass Part Full in Janus v. AFSCME

Janus Should Lose, and the Justices Know It

Janus Amicus: Economists & Law Professors