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Legal Principle at Issue

Should the Court’s decision in Abood v. Detroit Board of Education be overturned so that public employees who do not belong to a union cannot be required to pay a fee to cover the union’s costs to negotiate a contract that applies to all public employees, including those who are not union members?

Action

The Supreme Court ruled in favor of the petitioner, Mark Janus, stating that mandatory agency fees in the public sector are unconstitutional. The Court overturned a 1977 precedent, Abood v. Detroit Board of Education, that had allowed such fees.

Facts/Syllabus

Mark Janus was a child support specialist for the Illinois Department of Healthcare and Family Services. He was not a member of the union (American Federation of State, County, and Municipal Employees, Council 31) but still had to pay “agency fees” (also called fair share fees) to the union, which represented all employees in his bargaining unit. Janus objected to these fees, arguing that they violated his First Amendment rights by compelling him to support union activities he did not agree with.

Importance of Case

Public sector unions can no longer collect mandatory fees from non-members. This decision significantly reduced revenue and influence of public employee unions. It marked a major victory for conservatives and organizations opposing union power.