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Entries for June 2018


As expected the United States Supreme Court invalidated all unions’ ability to collect fair share fees.


In a 5-4 decision, authored by Associate Justice Samuel Alito, the Court overruled its 1977 decision in

Abood v. Detroit, holding that: “The State’s extraction of agency fees from nonconsenting public-sector

employees violates the First Amendment. Abood erred in concluding otherwise, and stare decisis cannot

support it. Abood is therefore overruled.”

Because this is a First Amendment case, decided by the U.S. Supreme Court, this decision is binding in

every State.

The Court also rejected arguments raised by the PBPA, our national affiliate NAPO, and others in

an amicus curie brief, finding that: ”Neither of Abood’s two justifications for agency fees passes muster

under this standard. First, agency fees cannot be upheld on the ground that they promote an interest in

“labor peace.” and, “Second, avoiding “the risk of ‘free riders,’ is not a compelling state interest.

Free-rider “arguments . . . are generally insufficient to overcome First Amendment objections,”

The Court’s opinion did recognize, though, that Unions are free to refuse to represent non-members

in disciplinary matters, and to charge non-members for the cost of representing them if the Union

chooses to do so. (See decision - footnote 6, page 17).


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