Public-sector union policy in California

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On June 27, 2018, the Supreme Court of the United States issued its decision in Janus 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. With Janus, the high court overturned the precedent established in Abood 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 California.

Background[edit]

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, in Abood 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 the First 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 by Janus, which held that such fees are not constitutional.^[3]

Relevant legislation in California[edit]

See also: Public-sector union policy in the United States, 2018-2023

This legislation tracking project has been archived. Click here to view public-sector union legislation introduced from 2018 to 2023.

Noteworthy events[edit]

California enacts law limiting public employees' ability to sue over previously paid union agency fees (2018)[edit]

On September 14, 2018, Gov. Jerry Brown (D) signed SB846 into law. As enacted, this bill protected public employers from liability for any legal claims involving agency fees paid to unions prior to June 27, 2018, the date the Supreme Court of the United States issued its ruling in Janus v. AFSCME. This bill also denied standing to current or former employees pursuing such claims. The bill's provisions applied to any pending litigation in state-level courts. Anne Giese, general counsel for SEIU Local 1000, California's largest state-employee union, supported the law: "When any business or industry complies with the law, they shouldn't be held liable for what they were doing that was in full compliance with the law." Patrick Semmens, vice president of the National Right to Work Foundation, criticized the law: "For decades, union officials have violated the constitutional rights of the very workers they claim to represent, and it is shameful that politicians in Sacramento are so beholden to Big Labor that they are now attempting to block a few years’ worth of those ill-gotten gains from being returned to those workers."^[4]

See also[edit]

Select a state on the map below to read more about public-sector employee union legislation in that state.

• California State Legislature
• Janus v. AFSCME
• Supreme Court of the United States

Footnotes[edit]

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