Avi Yankelewitz – Fordham University School of Law
In the wake of the Supreme Court decision in Janus v. AFSCME, unions must represent all workers in the bargaining unit, even those who do not pay dues. This paper discusses the possibility that this requirement may be subject to a First Amendment challenge based on the Compelled Speech doctrine.
Part I of this paper introduces the reader to the various legal issues arising post-Janus. Part II presents a discussion of the line of cases leading up to the Janus decision. It explains the relevant Labor Law, the Duty of Fair Representation, and the Exclusivity Requirement. It also explores the doctrine of Compelled Speech and some of the key cases in this area. Part III addresses the main topic of this paper: whether post-Janus, current labor law violates unions’ free speech rights by compelling the unions to represent workers in the bargaining unit who do not pay union dues. Finally, Part IV introduces the reader to what is likely the next front in this battle – the applicability of Janus to private sector unions. Two areas are discussed: the requirement of private sector workers to pay union dues and whether the Exclusivity Requirement is constitutional.
The article can be found at: https://drive.google.com/open?id=1VcLe0SbqAe60S4g0DVoDusZPZzBDF8IP