Mandatory Union Dues for Public Employees Back on U.S. Supreme Court Docket

A press release from Governor Bruce Rauner:

U.S. Supreme Court to Consider Union Fair-Share Case

Chicago (Sept. 28, 2017Today the United States Supreme Court took an important first step toward ending the unconstitutional practice of dipping into the paychecks of hardworking State employees and forcing them to pay into the union coffers, even if they are not members of the union.

Bruce Rauner

“No person should be forced to give up a portion of their pay each month to fund public sector union activity against their will,” said Governor Bruce Rauner.

“It’s a fundamental violation of their First Amendment right to free speech and association. I am hopeful the Court will see it that way in the end.”

The Court has questioned this practice twice in the past five years. Most recently in June of 2016, when it split 4-4, following the death of Justice Scalia.

By granting certiorari in Janus v. AFSCME today, the Court is again indicating that it’s concerned about the constitutional implications of forcing non-union members to fund union activities.

Governor Rauner’s Administration has been a leader in protecting the free speech and free association rights of State employees since taking office.

These efforts began with Executive Order 2015-13, which directed state agencies to comply with the First Amendment and formed the initial impetus for the Januscase.

While the Administration is no longer a party to the litigation, it is pleased to know the Supreme Court has recognized the issues warrant careful consideration.

The Court has agreed to resolve this question by the time its current session ends, next June.


Mandatory Union Dues for Public Employees Back on U.S. Supreme Court Docket — 7 Comments

  1. Some states, such as Illinois, have laws forcing employees in a union covered position to pay ongoing fees to the union, even if the employee does not join the union.

    Janus hopes to invalidate such laws.

    Janus believes it should be the employees choice to opt out of the union, and in such a case, not be required to pay any fees to the union ever for any reason.


    The unions call such fees, fair share fees, arguing that non members benefit from the collective bargaining work performed by the union.

  2. Making this a RIGHT TO WORK STATE is the ONLY thing that’s going to save Illinois!

  3. Janus prevailing would result in the United States being a Right to Work country for public sector employees, and all states being Right to Work states for public sector employees.

    Public sector employees could no longer be required to pay the union fees as a condition of employment.


    National Right to Work Legal Defense Foundation

    Janus v AFSCME: A Case to Protect Public Employees’ First Amendment Rights


    Washington Examiner

    Supreme Court Will Hear Challenge to Public-Sector Union Fees That Could Rewrite Union Law

    by Ryan Lovelace and Sean Higgins

    September 28, 2017 10:43 AM

    “In Janus v. American Federation of State, County, and Municipal Employees, the Supreme Court will look to determine the constitutionality of a 1977 high court ruling – Abood v. Detroit Board of Education – that said public-sector employees who do not belong to a union can still be forced to pay a fee that covers the union’s costs in negotiating the contract that applies to all employees.”

  4. Those union trump voters might want to rethink their support for right to work.

    How the tides have changed…

  5. You are an idiot, Facts. The tides are only changing in your imbecilic world.

  6. Federal Government employees already operate in a “Right to Work” environment.

    Meaning, Federal Government employees cannot be forced to pay fees to a union as a condition of employment.


    National Right to Work Legal Defense Foundation

    Can I Be Required to Be a Union Member or Pay Dues to a Union?

    Federal Government Employee

    All employees of the Federal Government, including Postal Service employees, by law are guaranteed the right to refrain from union membership.

    See 5 U.S.C. § 7102 (federal employees generally); 39 U.S.C. § 1209(c) (postal employees).

    (U.S.C. stands for “United States Code.”)

    That means that you cannot be required to remain a member or pay dues or fees to your union, no matter where you work.”


    Illinois Policy Institute

    Meet the Man Who Could End Forced Union Fees for Government Workers

    “Mark Janus learned about public service from a young age, growing up as a Boy Scout in Springfield, Illinois.”

    “In his job at the Illinois Department of Healthcare and Family Services, Janus works to help children caught up in their parents’ divorce.”

  7. The biggest beneficiaries will be forced unionized Public Sector employees who must join the union or pay almost the same amount in fees.

    They will have the choice of paying or not paying and still have substantial Civil Service protections.

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