Academic journal article Labor Law Journal

From the Editor

Academic journal article Labor Law Journal

From the Editor

Article excerpt

Dear Reader

Since our summer issue, the U.S. Supreme Court issued its highly anticipated decision in Janus v. AFSCME, barring unions from imposing agency fees on public employees who are not union members and overturning High Court precedent that had persisted for four decades: its 1977 decision in Abood v. Detroit Board of Education, which found that levying "agency" fees to cover a union's costs of collective bargaining, and other activities that advantaged members and nonmembers alike, did not unduly intrude upon the rights of non-members. Abood, said the Court, was inconsistent with other First Amendment cases and has been undermined by more recent decisions. The outcome, handed down in a sharply divided 5-4 decision, surprised no one.

The decision is an undisputedly critical blow to public employee unions-and to the labor movement as a whole-which now must redouble its efforts to bring new dues-paying members into the fold. And it will have to do so with union organizing coffers precipitously diminished.

In this issue of the Journal, author James Morgan analyzes the California Supreme Court's recent ruling in Dynamex Operations West v. …

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