An employee who paid “fair share” union fees under protest is not entitled to damages to refund any of the money he paid the union, the U.S. Court of Appeals for the Seventh Circuit has held. Janus v. Am. Fed’n of State, No. 19-1553 (Nov. 4, 2019). The Court explained fair share fees were
Harris v. Quinn
The Thrill of Victory and the Agony of Defeat: Illinois Home Health Aides Must Sue Individually To Recoup Fair Share Fees
Home health aides who successfully objected to the collection of “fair share” fees without their consent may not proceed as a class, a panel of the U.S. Court of Appeals for the Seventh Circuit has ruled, affirming a lower court’s determination. Riffey v. Rauner, No.16-3487 (7th Cir. Oct. 11, 2017).
The home health…
Public Sector Employees in Three States Sue to Nix Fair Share Fees
Four Pennsylvania school teachers, two Santa Clara Valley Medical Center pharmacists, and three New York school workers have filed separate suits challenging the constitutionality of state requirements permitting the unions that represent them to require them, if they do not join and pay dues, to pay a “fair share fee” (similar in amount to the…
No Supreme Court Rehearing in Case on Public Sector Unions’ Right to Charge Mandatory Union Fees
The United States Supreme Court has refused to rehear Friedrichs v. California Teachers Association et al., in which the Court had issued a 4-4 opinion in April. Friedrichs v. California Teachers Association, No. 14-915 (Mar. 29, 2016). Friedrichs sought to overrule, on First Amendment grounds, Abood v. Detroit Board of Education, a 1977…
Supreme Court Upholds Right of Public Sector Unions to Charge Mandatory Union Fees
By a 4-4 decision, the U.S. Supreme Court has affirmed a lower court ruling that public sector unions could require employees to pay an agency fee to a union as a condition of employment. Friedrichs v. California Teachers Association, No. 14-915 (Mar. 29, 2016).
The plaintiffs had argued that their First Amendment rights were…
Public Sector Union Fees Continue to Hang in the Balance With Scalia’s Passing
The recent death of conservative Justice Antonin Scalia will give public sector unions a short respite in Friedrichs v. California Teachers Association et al., a case that was likely to limit public sector unions’ ability to require mandatory fees from public workers. Following January’s oral arguments before the High Court, many legal analysts expected…
Supreme Court Justices Appear Ready to Overturn Mandatory Union Fees for Public Sector Employees
The United States Supreme Court appears headed toward outlawing “agency-shop” or “fair share” provisions in public sector collective bargaining agreements, requiring non-members to pay union fees, sometimes reluctantly, in lieu of dues. Frederichs v. Cal. Teachers Ass’n, No. 14-915, argued Jan. 11, 2016.
The Supreme Court held in Abood v. Detroit Board of Education…
Public Union Dues Comes under Supreme Court Scrutiny
The constitutionality of “fair share” provisions, requiring non-members covered by public-sector collective bargaining agreements to pay union fees, will be reviewed by the U.S. Supreme Court. Friedrichs v. California Teachers Association, No. 14-915.
In Friedrichs, ten California teachers and the Christian Educators Association International sued the California Teachers Association, the National Education Association,…
Supreme Court Rules Home Health Care Workers in Illinois Not Required to Pay Nonmember Union Fees
In a significant blow to efforts to unionize health care workers who are privately employed by the aged, ill and/or frail in their homes, the U.S. Supreme Court has struck down an Illinois statute requiring these home-based personal care providers to financially support a union that has a collective bargaining agreement with the State on…
Supreme Court’s Decision on Compulsory Union Fees May Have Extensive Effect
The United States Supreme Court is expected to rule shortly on a case that could deal a crushing blow to unions representing public employees. The case, Harris v. Quinn, No. 12-861, concerns the lawfulness of Illinois’ statute requiring that home-based health care aides join or support financially a union designated by the state to…