High Court Takes Aim at Mandatory Government Union Fees

Commentary & Community

High Court Takes Aim at Mandatory Government Union Fees


If you are a government worker, you may soon be able to choose whether or not you want to pay union fees.


The Supreme Court has agreed to hear a lawsuit challenging state and local laws compelling non-union government employees to pay fees to unions. Currently, 22 states require employees who are not union members to pay an agency fee to unions as compensation for collective bargaining.


While agency fees cannot be used for political activity, the non-union members bringing the suit contend that when it comes to government workers, collective bargaining is inseparable from political activity. When bargaining with the government, their argument goes, it means being involved with spending and taxing decisions. This means that these non-union employees are subsidizing political speech when unions advocate for pay or benefits.


Unions counter that since all employees benefit from the contracts they negotiate, then all employees should pay for their services. It is not fair to unionized members to subsidize activity resulting in higher pay and benefits that also go to non-union members, they contend.


This case, Janus vs. AFSCME, is being brought by a government employee in Illinois. It is similar to a case heard by the Supreme Court in 2016. In that instance, the court deadlocked at 4-4 after Justice Antonin Scalia’s death. The court’s tie vote meant that it was still legal for states to compel non-union members to pay agency fees, but it did not set a precedent. A majority vote in this new case will determine a national precedent. With a conservative majority, many observers think the court will decide against mandatory fees.


Do you think that government workers should be forced to pay fees to unions when they aren’t members? Or do you support mandatory fees as a way to prevent workers from getting a free ride from union activities?


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