Thursday, April 26, 2018

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Janus v AFSCME

Janus v. American Federation of State, County, and Municipal Employees, Council 31, _ US _ (2018) is a US labor law case, concerning the right of labor unions to collect fees from non-union members for the service of collective bargaining. Under the Taft-Hartley Act of 1947union security agreements can be allowed by state law. Janus v. AFSCME is a current case that challenges their legality.
Janus v. AFSCME
Seal of the United States Supreme Court.svg
Argued February 26, 2018
Full case nameJanus v American Federation of State, County, and Municipal Employees, Council 31
Docket nos.16-1466
Prior historyJudgment for defendants, 851 F.3d 746 (7th Cir 2017)
Court membership
Chief Justice
John G. Roberts
Associate Justices
Anthony Kennedy ·  Clarence Thomas
Ruth Bader Ginsburg ·  Stephen Breyer
Samuel Alito ·  Sonia Sotomayor
Elena Kagan ·  Neil Gorsuch

Contents

FactsEdit

Illinois Republican Governor Bruce Rauner filed suit, claiming that fair-share agreements are unconstitutional and a violation of the First Amendment right to free speech. Rauner was later dropped from the case, but Mark Janus, an Illinois social worker covered by a collective agreement, also claimed that he should not need to pay fees to the American Federation of State, County and Municipal Employees because he is not a member of the union. Under Illinois law, AFSCME and other unions are allowed to charge workers minimum fees for the service of collective bargaining. As unions have a duty of fair representation to all workers in a bargaining unit,[1] this has been allowed under the National Labor Relations Act of 1935, and was confirmed in 1977 by the US Supreme Court in Abood v. Detroit Board of Education.[2] Janus and others argue that, following Harris v. Quinn (2014), fair-share agreements violate their right to free speech because a union can use money to contribute to political campaigns that they may not believe in.[3]

Amicus & Additional BriefsEdit

Oral argumentsEdit

The Supreme Court heard the oral submissions of the parties on February 26, 2018.

See alsoEdit

NotesEdit

  1. ^ Marquez v. Screen Actors Guild Inc., 525 US 33 (1998)
  2. ^ 431 US 209 (1977)
  3. ^ 573 US __ (2014) per Alito J

ReferencesEdit

External linksEdit

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