Legal Update: Implications of Janus v. AFSCME — What Board Members Need to Know

Recorded on June 28, 2018 In one of the most significant labor-related cases in decades, the U.S. Supreme Court ruled for the plaintiff in Janus v AFSCME. The June 27, 2018 decision held that public employee labor unions can no longer mandate that nonmembers pay “agency” or “fair share” fees to cover the cost of collective bargaining and contract administration. The Court found that collective bargaining amounts to political speech and, as such, requiring non-union employees to pay agency fees is a violation of their First Amendment Rights. As a result, non-members who had paid agency fees are no longer required to do so from June 27, 2018 onward. Ellen C. Wu of Dannis Woliver Kelley, CSBA Legal Counsel Elaine Yama-Garcia, and CSBA Staff Attorney Mike Ambrose discuss the many implications that this ruling and related legislation may have on school districts, county offices of education, and other public employers.