On Wednesday, June 27, 2018, the United States Supreme Court issued its long-awaited decision on the legality of mandatory agency/service fees for non-union members in public employment. As anticipated, the Court held that public sector unions may no longer collect agency/service fees from non-consenting employees. Shortly after the Court issued its decision, the Governor signed into law Senate Bill 866, an effort to address the decision's impact on California public employee unions. The Court’s decision and SB 866 have prompted numerous questions regarding how public agency employers are to respond.
F3 Law recently partnered with the Association of California School Administrators (ACSA) and our legal alliance partner firms to address the questions we are receiving regarding how agencies can/should/must respond. You can access this FAQ HERE, which has been updated to reflect the Court’s decision and SB 866.
The FAQ is intended only as a general summary of some of the legal issues presented. If you have any specific questions on how to respond post-Janus, please contact one of our six offices.
June 27, 2018
From Dr. Wesley Smith, ACSA Executive Director:
The U.S. Supreme Court ruled today in Janus v. AFSCME that requiring agency fees/fair share dues is a violation of the First Amendment and are unconstitutional. The decision is generating a tremendous amount of media attention and no doubt discussion and questions in your organizations. ACSA, with our Legal Partners comprised of Atkinson, Andelson, Loya, Ruud and Romo (AALRR), Fagen Friedman & Fulfrost (F3) and Lozano Smith have updated our Frequently Asked Questions (FAQ) document to assist you moving forward. This information is intended to guide and expedite your work, not replace the advice provided by your legal counsel.
In anticipation of the Janus ruling, unions in California rushed Senate Bill 866, a budget trailer bill, to limit the impact of the decision on public employees. SB 866 has been signed by the Governor and takes effect immediately. We anticipate confusion implementing SB 866 and how this legislation will intersect with the Janus decision. In the face of change, there can be chaos before there is clarity. I suggest you consider reaching out to your union leaders to offer your assurance that you will work with them to develop and manage a process that works for the employees and district.
Because school districts have a break in the work year that impacts how payroll is processed, only our employees who are paid over 12 calendar months will likely be impacted in the short term, providing a little time to work out details for the majority of your employees with your unions and legal counsel. While this work is going to require action from you, please take the time to care for yourself.