Labor Law—Mandatory Union Fees for Public-Sector Employees

Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466

Under Abood v. Detroit Board of Education, 431 U.S. 209 (1977), the Constitution permits the government to require public-sector employees to pay agency fees to the labor union that represents their interests.  Last Term, the Supreme Court divided equally in Friedrichs v. California Teachers Ass’n, 136 S. Ct. 1083 (2016), which presented the question whether Abood should be overruled.  With Justice Gorsuch’s confirmation as the Court’s ninth Justice, the Court has again granted certiorari to consider whether Abood should be overruled.