Publications and Research

Document Type

Article

Publication Date

Winter 2019

Abstract

The United States Supreme Court’s 2018 decision in Janus v American Federation of State, County, and Municipal Employees, Council 31 reversed four decades of precedent by holding that a stat tory or a negotiated agency shop in public sector labour relations is unconstitutional under the First Amendment to the United States Constitution. This essay, published in Relations Industrielles / Industrial Relations places the Janus decision in historical and legal context, describe the judicial activism underlying the decision, and review measures being taken by unions and state legislatures to minimize the decision’s adverse impact

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