On February 26, the United States Supreme Court will hear arguments in Janus v. AFSCME, a landmark case which could free non-union members from being forced to pay fair share fees. This case challenges the First Amendment rights of public employees who, as a condition of their employment, must pay the union an annual fee…currently over $450 for Pennsylvania public school teachers.
While this practice is outlawed in 28 states, the Janus case aims to free all public sector employees across the country from forced union fees, which includes Pennsylvania educators. Having this antiquated law overturned by the US Supreme Court—which this case is poised to do—will allow all educators the freedom to choose whether they will financially support the teachers unions.
Currently, in Pennsylvania, over 75% of union contracts in our public schools allow for this forced fee to be imposed upon non-union members. While KEYTA has been working diligently to get this law overturned in our state legislature, a victory in the Janus case will end this state-side struggle and do what is right for our teachers.
Two years ago a similar case before the high court, Fredrichs v. California Teachers Association, came to a 4-4 stalemate, due to the untimely passing of Justice Scalia. Scalia was expected to support abolishing fair share fees, and his replacement, Justice Neil Gorsuch, is known to have a similar judicial philosophy.
Mark Janus is a child support specialist employed by the Illinois Department of Healthcare and Family Services. He declined union membership and was forced to pay their fair share fee. In the Chicago Tribune, Janus said, “The union is inherently political. The union is not my voice and the union’s fight is not my fight.”
After oral arguments are heard next month, a ruling on Janus by the Supreme Court is expected early June.
