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Category:Agency Fees

Janus and the Private Sector

Sep 29, 2017 Benjamin Sachs

Maddy’s excellent wrap-up of yesterday’s Janus news includes a clip from Slate’s piece “Solidarity’s End.” There, Mark Joseph Stern provides a very useful synopsis of agency fees law, but he also suggests that a Janus decision finding agency fees unconstitutional could easily be exported to the private sector. Here’s how he puts it: One last point: Janus involves only public-sector unions, or unions composed […]

Coverage on Janus Cert. Grant

Sep 29, 2017 Maddy Joseph

The Supreme Court decided yesterday to hear Janus v. AFSCME. The Court seems poised to hold that agency-fee agreements for public sector workers are unconstitutional. Since the order, reports and commentaries have analyzed Janus‘s threat to public sector workers, and its stakes for U.S. organized labor. The Chicago Tribune explains that the case began when Illinois’ Republican Governor Bruce […]

Supreme Court Grants cert in Janus

Sep 28, 2017 Benjamin Sachs

The Supreme Court will hear Janus v. AFSCME and revisit the constitutional status of agency fee agreements in the public sector. We will provide extensive coverage of the case over the coming months.

Friedrichs Rehearing Petition Denied

Jun 28, 2016 Juhyung Harold Lee

Months after reaching a 4-4 tie in Friedrichs v. California Teachers Association, the Supreme Court has denied the petitioners’ request for a rehearing. The Court waited until its final conference of the Term to vote on the petition, after postponing its decision eight times since April. No opinion was included with the Court’s denial. While […]

Friedrichs Opinion

Mar 29, 2016 Juhyung Harold Lee

In case you missed it, the Supreme Court has handed down a 4-4 affirmance of the lower court’s opinion in Friedrichs v. California Teachers Association. The Court’s 1977 opinion in Abood v. Detroit Board of Education thus remains good law, and public-sector unions may continue to collect agency fees from nonmembers.

Justice Scalia and Friedrichs

Feb 14, 2016 Juhyung Harold Lee

With yesterday’s news of Justice Scalia’s unexpected passing, the consensus seems to be that the Supreme Court will reach a split 4-4 decision in Friedrichs v. California Teachers Association. In such an occurrence, the Ninth Circuit’s decision below — which upheld California’s fair-share fee requirement pursuant to the principles announced in Abood v. Detroit Board […]

If the Supreme Court is Going to Start Overturning Precedent …

Feb 5, 2016 Andrew Strom

In Friedrichs v. California Teachers Association, the plaintiffs are asking the Court to overrule a 39 year-old precedent that is itself based on earlier precedents. At the oral argument, Justice Breyer raised concerns about the potential for instability if the Court starts overruling its precedents, but Justices Scalia, Kennedy, Alito, and Roberts gave no indication […]

Chief Justice Roberts is Missing Something Important About Collective Bargaining

Jan 21, 2016 Andrew Strom

At the Friedrichs oral argument, Edward Dumont, the lawyer representing the State of California tried to make the point that collective bargaining for public employees often involves mundane workplace issues rather than major public policy issues. Chief Justice Roberts pressed Dumont to give examples of issues that do not present public policy questions. When Dumont […]

Friedrichs, Citizens United, and the "Free-Speech Gap"

Jan 18, 2016 Juhyung Harold Lee

If Citizens United “promised something like a level playing field” for corporate and union political spending, what might Friedrichs do to upset that supposed equilibrium? In case you missed it, Adam Liptak examined this question today in the New York Times. Liptak notes at the outset of his article that the “level playing field” has proven […]

Friedrichs and the Private Sector

Jan 14, 2016 Benjamin Sachs

Friedrichs is a case about fair share fees in the public sector. The question is whether the First Amendment prohibits public employers from bargaining and enforcing fair share agreements. So it was notable that one of the first questions during Monday’s oral argument – and the first question that Justice Kennedy asked petitioners’ counsel – […]

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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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Janus and the Private Sector

Coverage on Janus Cert. Grant

Supreme Court Grants cert in Janus

Friedrichs Rehearing Petition Denied

Friedrichs Opinion

Justice Scalia and Friedrichs

If the Supreme Court is Going to Start Overturning Precedent …

Chief Justice Roberts is Missing Something Important About Collective Bargaining

Friedrichs, Citizens United, and the "Free-Speech Gap"

Friedrichs and the Private Sector