In Janus vs. AFSCME, the Supreme Court of the United States (SCOTUS) is revisiting the constitutionality of a long-standing precedent that may impact the agency or “fair share” fees charged to public employees who choose not to join their union. Oral arguments were heard on February 26, 2018 before a now full complement of nine SCOTUS Justices. Recent history, combined with the current composition of the Supreme Court, suggests that the Court is likely to reverse that precedent. With oral arguments concluded, this important case will now take its place in the queue of decisions expected by the close of this session in June, 2018.

While we won’t know either the result or the underlying reasoning, we anticipate that both unions and employer HR representatives will use the coming months to assess how the potential changes will affect their ongoing relationships, interaction, and negotiating positions in the years to come.

The EIA and Eyres Law Group will be monitoring this case closely and will provide periodic updates and guidance to assist HR professionals in planning for potential impact on your agencies and their bargaining units. For additional information on this breaking news, please read this article from the Eyres Law Group.