Judge Says No Refund for NJ Teachers Challenging Union Dues Under 'Janus'
The ruling follows numerous efforts by judges across the country to apply and interpret the "Janus" ruling.
December 02, 2019 at 04:04 PM
5 minute read
A federal judge in Camden has dismissed two class action lawsuits brought on behalf of public school teachers who called some aspects of the collection of union dues unconstitutional in the wake of a recent U.S. Supreme Court ruling.
In the pair of lawsuits brought against New Jersey teachers' unions after the Supreme Court's ruling in Janus v. AFSCME, the plaintiffs sought a refund of union fees charged to nonmembers before the landmark June 2018 ruling, and claimed the right to withdraw from a dues collection agreement at any time.
The justices in Janus said that so-called fair share agreements, which required public-sector employees to pay dues even if they decline to join the union, violate the First Amendment. The decision overturned a long-standing precedent, Abood v. Detroit Board of Education, which held that fair share fees did not violate the First Amendment rights of nonmember public employees as long as certain safeguards were observed, and the fees assessed represented the cost of collective bargaining and not political spending.
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