Janus v. American Federation of State, County, and Municipal Employees

Under the Illinois Public Relations Act, 5 ILCS 315, a union representing public employees collects dues from its members, but only “fair share” fees (a proportionate share of the costs of collective bargaining and contract administration) from non-member employees on whose behalf the union also negotiates. A 2015 suit sought to preclude such fees, arguing that the statute violated the First Amendment by compelling employees who disapprove of the union to contribute money. The Seventh Circuit affirmed dismissal, noting that one of the plaintiffs has previously challenged the “fair share” provision in state court and that his claim is barred by claim preclusion. The court also noted the Supreme Court’s 1977 decision, Abood v. Detroit Board of Education, upholding, against a First Amendment challenge, a Michigan law that allowed a public employer, whose employees (public-school teachers) were represented by a union, to require those of its employees who did not join the union nevertheless to pay fees to it because they benefited from the union’s collective bargaining agreement with the employer. View "Janus v. American Federation of State, County, and Municipal Employees" on Justia Law