[20180627]LSB10042_更新时间：公共部门工会会费：与恒星和凝视决策作斗争（上）.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i UPDATE: Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part I) Updated June 27, 2018 UPDATE: On June 27, 2018, the Supreme Court issued its decision in Janus v. AFSCME, Council 31. A Legal Sidebar on the Supreme Courts decision is available at this link. The Supreme Court long ago described the First Amendments protection against compelled speech as a “fixed star in our constitutional constellation.” This Term, the Court may decide whether it has steered too far from that shining precept in the area of public employee union dues (or agency fees) in Janus v. American Federation of State, County, and Municipal Employees, Council 31. Specifically, the Court will consider whether to overrule its 1977 decision in Abood v. Detroit Board of Education, in which the Court announced the basic test for determining the validity of “agency shop” arrangements between a union and a government employer. Agency shop arrangements (sometimes called “fair share” provisions) require employees to pay a fee to the union designated to represent their bargaining unit even if the employees are