6th Circ. Exclusive Bargaining Ruling Amplifies Janus Debate

Law360 (September 10, 2020, 11:29 AM EDT) -- A recent U.S. Court of Appeals for the Sixth Circuit opinion creates a challenge to the U.S. Supreme Court to declare whether it says what it means and means what it says. While this declaration is satisfyingly truculent, it's not so simple and easy. First we have to figure out just what it did say and just what it does mean.

The question has come up in the recent Sixth Circuit public sector labor law case of Thompson v. Marietta Education Association.[1] A Sixth Circuit panel acknowledged that the outcome was governed by a directly on point, 1984 Supreme Court case...

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