Posts tagged fair share fees
Opinion: Unions are on a comeback. Americans are paying the price.
April 2, 2026 // So far, the union comeback has mostly been confined to courthouses and state legislatures. Membership hardly budged last year, rising from 9.9 percent of U.S. workers in 2024 to 10 percent in 2025. Yet if more states continue to mandate collective bargaining for public-sector workers — or decide to repeal right-to-work statutes for the private sector — rates can be expected to rise in those jurisdictions. If workers at a unionized shop are forced to pay dues regardless of their membership status, more will opt in as the financial incentive to remain unorganized slips away.
How CA state worker unions have fared since landmark SCOTUS decision reshaped membership
March 17, 2026 // According to eight years of data obtained from the State Controller’s Office on the number of dues-paying state workers, some unions have slowly bled members since the Janus decision. For other bargaining units, the membership level has dropped 20% over that period. Labor groups representing peace officers and prison staff, however, hardly saw a change pre- and post-Janus. And still other units have increased the percentage of workers who pay monthly membership dues, the data revealed. Nearly 10 years before the Janus decision, the public’s approval of unions hit a historic low. In 2009, Americans’ approval ratings dipped below 50% for the first and only time since the public opinion polling company Gallup began assessing ratings of labor unions in 1936. In the years since, the public’s opinion of labor unions has improved substantially. Last year, 68% of Americans reported approval of unions.
Op-ed: If the justices don’t reinforce their Janus ruling soon, unions will ignore it to death
January 20, 2026 // In the case of Janus, unions and their allies in the judiciary have grown increasingly brazen over the years in their contempt for the ruling. And yet the justices have steadfastly refused to revisit and give it teeth. And they’ve had plenty of chances. Between 2018 and 2023, more than 70 Janus-related cases were appealed to the Supreme Court, and there have been more since. Not one has been accepted for oral argument, let alone decided in the plaintiff’s favor.
Op-Ed: Public employees deserve truth from union officials
June 24, 2025 // Pueblo’s contract isn’t even the worst offender in Colorado. The Denver Housing Authority’s contract, enacted this year, says that its 300-plus employees must be full, dues-paying members of the union, AFSCME Local 535. If enforced, the requirement could be one of the most egregious violations of public employees’ rights of free speech and association anywhere in the country. With some union officials unaware of — or unwilling to comply with — dettled law, it’s more important than ever for public employees in the state to understand their rights under union representation.
Nearly 1 in 3 Illinois school contracts mislead teachers about fees they owe
June 18, 2025 // Seven years after they were freed from being forced to pay unions, at least 267 of Illinois’ 866 school districts still have “fair share” language in their teachers union contracts. Those contracts are wrong and should be fixed so teachers get the truth about their pay.
Op-ed: Colorado workers should know their rights
May 22, 2025 // With the examples of Pueblo and Denver—and those in other states—in mind, Colorado employees would be wise to educate themselves on their rights under state and federal law regarding union membership and representation. With lawmakers determined to expand union power, it may be up to employees to ensure that union officials are also held accountable to the law.
New Hampshire to consider ‘right to work’ proposal
January 29, 2025 // Not surprisingly, union leaders oppose the 'right to work' legislation, arguing that it prevents workers from negotiating higher wages and conflicts with contractual agreements between workers and employers. ‘Right to work’ legislation has been debated in New Hampshire for decades but has failed to win enough support to become a law. The Legislature approved a ‘right to work’ bill in 2011 but was vetoed by then-Gov. John Lynch. The most recent effort came in 2021 when Democrats blocked a Republican-led proposal to prevent labor unions from collecting dues from private sector workers.
Government Unions are Down — But Not Out
September 10, 2024 // For nearly a decade, the Commonwealth Foundation has tracked state-by-state changes in labor laws. Every two years, the Commonwealth Foundation releases its research on the ever-changing legal landscape for public sector unions, assessing each state’s efforts to promote public employees’ rights or cave to unions’ entrenched influence. This fourth edition examines government unions’ attempts, following Janus, to hold onto and expand special legal privileges under state laws. The research also highlights the states reining in government unions’ power and influence by empowering workers.
Unions pursue law changes to boost membership
September 8, 2024 // “The overarching theme is that the unions have really responded to the membership losses since JANUS to drive up union membership,” Osborne said. In the JANUS decision, courts held that unions could no longer collect “fair share” dues from non-members who benefit from collective bargaining agreements. Follow-up litigation has challenged the cumbersome process many former members had to overcome to leave the union and recoup dues improperly withheld. In the report, states known as union “strongholds” scored lower than others that have enacted collective bargaining reforms.
Op-Ed: Union membership is now political. So can the government still require people to associate with a union?
July 10, 2024 // Since then, employees have argued that exclusive union representation does violate the First Amendment. Exclusivity saddles them with the “services” of nakedly political bargaining agents. Lower courts have turned those arguments aside mostly because of an older case, Minnesota Board for Community Colleges v. Knight, which suggested that exclusive representation was okay in the public sector. Knight seemed to say that when the government bargains about working conditions, it can choose its own bargaining partner. And if it chooses one exclusive union to bargain with, that choice burdens no one’s associational rights. But whether or not that’s what Knight meant, the decision has no bearing on private-sector bargaining. In the private sector, the government does not choose its own bargaining partner; it imposes one on private parties. And some of those parties object to their unions’ political views—views that are increasingly central to unionization itself. So private-sector bargaining raises a different question: can the government force private citizens to associate with a union when that union’s core purpose is increasingly political? (Elsewhere, I have argued at greater length that it cannot.)