The federal National Labor Relations Act (NLRA) governs private-sector collective bargaining, but state laws regulate public-sector labor relations. Employers should be prepared to refund any fees that are deducted, Farmer said. The Supreme Court's ruling is effective immediately, but, depending on their systems, some employers might not be able to stop payroll deductions immediately. If agency fees have already been collected but not yet sent to the union, Kisicki recommended not sending those funds to the union until workers sign opt-in forms. "Public-sector employers may consider contacting their local union representatives to request dues authorization forms and provide written notification that, pursuant to the Supreme Court's recent decision, the employer will be halting all dues deductions for employees without voluntary dues-deduction authorizations," said Stephanie Dodge Gournis, an attorney with Drinker Biddle in Chicago. Affected employers will now need to create an opt-in form to obtain written consent from workers who want to continue paying agency fees.īut the Supreme Court's decision left a lot of questions unanswered, noted David Broderick, an attorney with Littler in Newark, N.J. Do checkoffs count as voluntary authorization? Must employers get new authorizations from all workers in the bargaining unit? The safest route is to work with the union to get new authorizations from everyone. HR professionals in unionized workplaces are familiar with the dues checkoff-an employee's voluntary authorization to automatically deduct union dues from paychecks. Here's what affected employers should be doing in light of the decision: Though the ruling doesn't have a direct impact on the private sector, passing right-to-work laws is a trend states are likely to continue, noted Mark Neuberger, an attorney with Foley & Lardner in Miami. The Supreme Court's ruling makes every state a right-to-work state for the public sector, said Shannon Farmer, an attorney with Ballard Spahr in Philadelphia. It is important to note that only public-sector employers in states without right-to-work laws are affected by the Supreme Court's ruling, said Mark Kisicki, an attorney with Ogletree Deakins in Phoenix.Ĭurrently, 28 states have right-to-work laws that make it illegal to require workers to join a union or pay related fees as a condition of employment. The justices said that employees who want to continue to voluntarily pay agency fees must opt in-rather than opt out-of having the fees deducted from their paychecks. The Supreme Court deemed such mandatory agency fees to be a violation of public workers' First Amendment rights to free speech and free association. Since labor unions must represent the entire bargaining unit regardless of membership, the fees are meant to cover the cost of collective bargaining, contract administration and grievance adjustments-but not political activities, such as lobbying. Prior to the ruling, public-sector workers in certain states could be required to pay "fair share" or "agency" fees even if they weren't union members. "States and public-sector unions may no longer extract agency fees from nonconsenting employees," Justice Samuel Alito Jr. Supreme Court has banned mandatory union fees in the public sector, HR professionals working for certain government employers will need to update their payroll practices. Scholarship, Teaching, ServiceFor over a hundred years the Modern Language Association and its members have worked to strengthen the study and teaching of language and literature. Learn more.Now that the U.S. Join the MLA CommunityMLA members advocate for the humanities and contribute to an extraordinary professional network that cuts across fields and countries. The MLA Executive Council has endorsed the right of graduate student workers to organize unions, affirming that the labor of graduate students is essential to the mission of higher education. ![]() MLA Supports the Right of Graduate Student Workers to Organize ![]() Submitting Work to the MLA International BibliographyĢ022 MLA Institutes on Reading and Writing PedagogyĬonferences, Fellowships, and Announcements Permission to Use MLA Copyrighted Material The MLA’s Policies against Discrimination and HarassmentĪppropriate Conduct at the MLA Annual Convention Procedures for Organizing Convention Meetings Policies for Forums and Allied Organizations Krebs Urging Support of Convention AttendanceĪccess Guidelines for MLA Convention Session Organizers and Presenters (function(w,d,s,l,i))(window,document,'script','dataLayer','GTM-5D89RR') Ī Letter from MLA Executive Director Paula M.
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