In June, the United States Supreme Court ruled in Janus v. AFSCME that mandatory agency fees (also called “fair share fees”) are unconstitutional. The opinion states “Neither an agency fee nor any other payment to the union may be deducted from a nonmember’s wages… unless the employee affirmatively consents to pay.”
Prior to the ruling, Washington law allowed the collection of agency fees so the decision will have an impact on public employers in our state. Read the complete court opinion.
If you haven’t done so already, consider the following items:
- If you have employees paying agency fees, immediately cease making payroll deduction for those employees;
- Review collective bargaining agreements to see which sections may need to be updated, including union security clauses, and work with the union to negotiate changes; and
- Ensure that supervisors and managers do not encourage employees to withdraw their union membership or advise bargaining unit members on the impact of Janus.
This article is not legal advice so be sure to discuss any potential action with your legal counsel.
To learn more about the decision and for more practical tips on how to comply, check out the webinar AWC hosted with Summit Law Group: Tips for employers post-Janus v. AFSCME (access is restricted to employees who represent the interests of management).