Public-sector union policy in Minnesota
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On June 27, 2018, theSupreme Court of the United States issued its decision inJanus v. American Federation of State, County, and Municipal Employees (Janus v. AFSCME), a case concerning the constitutionality of public-sector labor union agency fees. In its 5-4 decision, the court ruled that being required to give any financial support to a union violates employees' rights under the First Amendment to the United States Constitution. WithJanus, the high court overturned the precedent established inAbood v. Detroit Board of Education that had permitted public-sector unions to collect agency fees to support non-political activities such as collective bargaining efforts and administrative work.[1][2]
In anticipation of and in response to this ruling, bills relating to public-sector employee unions were introduced in state legislatures across the United States. This article provides general information on public-sector unions and relevant legislation in Minnesota.
Background
Generally, members of an employee union pay fees to that union. These fees support the union's activities, which can include collective bargaining and contract administration, as well as political activities, such as lobbying. Some public-sector employees do not wish to join a union, and some are opposed to unions' political activities. In 1977, the Supreme Court of the United States ruled, inAbood v. Detroit Board of Education, that employees cannot be required to give financial support to a union's political activities. However, the court found that it was not a violation of employees' rights under theFirst Amendment to the United States Constitution to require them to pay fees to support union activities from which they benefit, such as collective bargaining. This ruling was overturned byJanus, which held that such fees are not constitutional.[3]
Relevant legislation in Minnesota
This legislation tracking project has been archived.Click here to view public-sector union legislation introduced from 2018 to 2023.
See also
Select a state on the map below to read more about public-sector employee union legislation in that state.
Footnotes
- ↑SCOTUSblog, "Janus v. American Federation of State, County, and Municipal Employees, Council 31," accessed May 9, 2018
- ↑Supreme Court of the United States, "Janus v. American Federation of State, County, and Municipal Employees: Opinion," June 27, 2018
- ↑Oyez, "Abood v. Detroit Board of Education," accessed May 9, 2018
