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Constitutional Law Keyed to Rotunda
Janus v. American Federation of State, County, and Municipal Employees, Council 31, et al.
Citation:
138 S. Ct. 2448 (2018)Facts
Under the Illinois Public Relations Act, employees of the State and its political subdivisions are permitted to unionize. If a majority of the employees in a bargaining unit vote to be represented by a union, that union is designated as the exclusive representative of all the employees. Employees in the unit are not obligated to join the union selected by their co-workers. But whether they join or not, that union is deemed to be their sole representative. Only a union may negotiate with the employer on matters relating to pay, wages and hours. Employees who decline to join the union are not assessed full union dues but must instead pay an agency fee, which amounts to a percentage of the union dues. Petitioner Janus, a public employee in Illinois, refused to join the union because he opposes many of the public policy positions taken by the union. If he had the choice, he would pay any fees or subsidize the union. However, he was required to pay an agency fee monthly under his unit’s collective-bargaining agreement.
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