U.S. SUPREME COURT RULES AGAINST FAIR SHARE FEE ARRANGEMENTS

JUNE 27, 2018

This morning the United States Supreme Court issued its opinion in Janus v. AFSCME and has ruled that requiring a bargaining unit member to pay Fair Share deductions to the union representing the bargaining unit is unconstitutional.  Recall that Fair Share payments are payroll deductions for bargaining unit members who have not elected to join the union as a full member, but who are nevertheless covered by a Fair Share fee requirement in a collective bargaining agreement.  If you have Fair Share fee payers in your district, you now must immediately cease deductions of Fair Share amounts and cease remittance of those fees to the union.  If you have a payroll being processed this week, make sure your payroll department knows to eliminate Fair Share deductions from any person who has been assessed such deductions this year.

This decision DOES NOT affect union member voluntary dues deductions.  Payroll deductions for employees who are voluntary members of the union MUST continue.  This ruling only applies to employees covered by a Fair Share provision who have not elected to join the union as full members.

Please contact your SHP attorney to discuss any questions or concerns you may have.