Case No. 16-1466
When one thinks about labor unions, two of the top things that come to mind are collective bargaining agreements and union dues. In 1977, the Supreme Court held in Abood v. Detroit Board of Education, that public employers whose employees were represented by a union, but who chose not to join the union, were allowed to require those employees to pay fees because those employees benefited from the actions of the union. 431 U.S. 209 (1977). In Janus, the Court will decide whether Abood should be overturned so that the employees who do not join the union cannot be forced to pay a fee.
Janus originated in Illinois, which has a similar law to the Michigan one upheld in Abood. The Illinois law allows a union representing public employees to collect dues from members and a “fair share” fee from non-member employees on whose behalf the union also negotiates. In 2015, the Governor of Illinois filed suit to halt the collection of these fees. He argued that the statute violated the First Amendment because employees who disapprove of the union must contribute money to it.
Janus was dismissed by the district court and affirmed by the Seventh Circuit because “neither the district court nor this court can overrule Abood, and it is Abood that stands in the way of [t]his claim.” 851 F.3d 746 (7th Cir. 2017). Last term, the Court heard Friedrichs v. California Teachers Association, 578 U.S. ___, which also asked the Court to consider overturning Abood based on First Amendment grounds. The Court affirmed the decision below by an equally divided court. With a full complement of Justices, the Court will now decide whether Abood remains good law.