Today, the U.S. Supreme Court announced its much-anticipated
decision in Janus v. AFSCME, (June 27, 2018), overruling
Abood v. Detroit Board of Education, 431 U.S. 209 (1977),
holding that mandatory “agency” or “fair
share” fees are unconstitutional. The decision, which is
effective immediately upon its announcement, means that public
employers with unionized workplaces may no longer deduct
state-mandated agency or fair share fees from employees. This
decision only affects public employers in states that have
authorized mandatory agency or fair share deductions.
Agency fee payments are a long-standing, state-authorized method
to require public-sector employees to pay for union representation
when the employee does not desire to become a union member. These
fees, historically and in Janus, have been challenged on
First Amendment grounds, under the theory that they constitute
government-compelled speech. The Abood Court had
ruled that any minor infringement of a free
