This post was authored by Erik M. Cuadros.
Public-sector employers and unions anxiously await the outcome of Janus v. AFSCME Council 31, a case currently pending before the United States Supreme Court. Janus challenges agency shop arrangements and public sector unions’ right to collect what are known as “service” or “fair share” fees.
When the MMBA first took effect in 1968, there was no provision for the financial support of employee organizations or unions. Many employee organizations had few ways to convince employees to join the organization and support it with member dues. Thus, the concept of an “agency shop” was born. Agency shop arrangements require employees, as