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New Legal Challenges To Public Union Agency Fees

Law360, New York (February 16, 2017, 10:29 AM EST) -- Shannon D. Farmer

Katherine J. Atkinson

Meredith Swartz Recent years have seen a surge of constitutional challenges to public unions’ right to require nonmembers to pay agency fees (also known as fair share fees) as a condition of continued employment. An evenly divided U.S. Supreme Court failed to resolve the issue following the death of Justice Antonin Scalia, but a new wave of lawsuits is working its way through the federal courts and could reach the Supreme Court as early as next term.

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