Unions and Right-To-Work Employment Post-Janus Decision: Implications for Public and Private Employers

Description

The long-awaited Supreme Court decision in Janus v. AFSCME confirmed that the First Amendment protects employees from being forced to contribute to a cause they do not support. The Court's decision prohibited forcing employees to pay an “agency fee” regardless of whether they exercised their right to join a union.

The immediate impact of the Janus decision will be felt amongst police officers, teachers, firefighters and other public employees. They are now free to refrain from joining a union and from paying agency fees (“fair share” fees) to support a union they did not join.

Janus’ impact may stretch into the private sector as well if, as expected, public unions lose agency fees and membership, A reduced union footprint and kitty of campaign cash may mean they will be ill-equipped to fight the ongoing battle against right-to-work laws. Currently, a majority of states—28 of 50—are “right-to-work” states, meaning they have laws that prohibit agreements requiring membership in a union as a condition of employment.

The expansive reading of the First Amendment and its strictures against government-compelled speech may ripple through the private sector in other important ways. The NLRB’s historical and solicitous grant of speech rights to unions and union supporters at the expense of employers may be forced to yield. For example, longstanding NLRB precedent holding employers must permit union buttons on employer provided uniforms worn by employees who have contact with the public may now be in jeopardy. Similarly, NLRB attacks on civility codes may be blunted by Janus. The NLRB-imposed requirement that employers must permit unions and their supporters to use employer equipment such as bulletin boards and internal social media sites may also fall due to Janus.

Listen as our distinguished panel discusses the Janus ruling and its implications for both unions and employers. Our panelists will also provide best practices for employers for dealing with unions and unionization and negotiating union-provided benefits with employees.