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.

President Donald Trump’s recent nomination of Judge Neil Gorsuch to the Supreme Court has renewed organized labor’s concerns...

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