After Janus: The Impending Effects on Public Sector Workers from a Decision Against Fair Share

Source: Frank Manzo IV, Robert Bruno, Illinois Economic Policy Institute and the Project for Middle Class, Labor Education Program School of Labor and Employment Relations, University of Illinois at Urbana-Champaign, May 2018

The U.S. labor movement is bracing for a decision by the Supreme Court that could dramatically weaken public sector unions. The case, Janus v. American Federation of State, County, and Municipal Employees, Council 31, et al., is expected to be decided in a vote against “fair share” fees in the public sector. The ruling would strike down a 41-year precedent (Abood v. Detroit Board of Education, 1977) that requires public sector workers represented by a labor union to pay for the collective bargaining work that the union performs on their behalf.

If the Court strikes down Abood, workers would be able to “free ride” and receive services, benefits, and representation from unions without paying for them in the form of fair share fees or membership dues. This would impact at least 5 million state and local government employees represented by collective bargaining agreements in 23 collective bargaining states and the District of Columbia.

This report examines the economic impact of effectively instituting so-called “right-to-work” conditions in the public sector across America.