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No. 16-1466October Term 2017Decided Jun 27, 2018

Docket 16-1466October Term 2017 (2017–2018)

Janus v. State, County, and Municipal Employees

Public employers may not require nonunion workers to pay agency fees to a union.

Case status

Current stage
Decided
Latest event
Decision released Jun 27, 2018
Case Accepted
Arguments
Decision ReleasedJun 27, 2018
What it's about

This case is about whether a state may require public employees who do not join a union to still pay "agency fees" to cover the union’s collective-bargaining costs. Mark Janus argued that forcing nonmembers to pay those fees makes them support speech they may disagree with and violates the First Amendment.

Question presented

Should Abood be overruled and public sector agency fee arrangements declared unconstitutional under the First Amendment?

Case path

United States Court of Appeals for the Seventh Circuit / Decision released Jun 27, 2018

Area

Decided Supreme Court case

Briefing

What it's about

The Supreme Court decided that the First Amendment does not allow a state to require public employees who do not join a union to pay agency fees for collective bargaining. The case came from Illinois, where Mark Janus said those fees made him support union speech he disagreed with.

Vote

The case was argued on Feb. 26, 2018, and decided on June 27, 2018, but the prompt does not provide the vote count or opinion lineup.

Impact

This affects teachers, police officers, clerks, and other state and local workers in unionized public workplaces. A worker who refuses union membership can no longer be required to pay fees just to cover bargaining costs.

What's next

The Court has finished this case. States, public employers, and unions had to adjust their fee policies to match the decision.

What was Mark Janus asking the Supreme Court to decide?

He said Illinois could not force a nonmember public employee to pay union agency fees. He argued that requirement violated the First Amendment.

How does Janus affect public workers who do not join a union?

Nonmembers in public jobs cannot be required to pay agency fees for collective bargaining. That matters to workers like teachers or clerks who object to union positions.

What happened after the Court decided Janus?

The Supreme Court finished the case on June 27, 2018. Public employers and unions then had to follow the new rule on agency fees.

Decision

Decision record

What the Court decided

Public employers may not require nonunion workers to pay agency fees to a union.

Impact

This affects teachers, police officers, clerks, and other state and local workers in unionized public workplaces. A worker who refuses union membership can no longer be required to pay fees just to cover bargaining costs.

Not official Court text.

Opinion documents