The U.S. Supreme Court has made clear that requiring non-union public employees to pay mandatory agency fees is unconstitutional under the First Amendment. There are many ramifications to this decision. The most immediate impact is that public agencies may not facilitate a union’s collection of agency fees from a non-member without that employee’s express consent. Therefore, public agencies are immediately prohibited from automatically deducting agency fees from the paychecks of employees.
For member agencies that have city or county ordinances regarding camping on public property, the recent ruling of the Ninth Circuit Court of Appeals in Martin v. City of Boise may have implications on how you apply those rules.
The Supreme Court is revisiting the constitutionality of a long-standing precedent that may impact the “fair share” fees charged to public employees who choose not to join their union.
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