June 27, 2022
Giving millions of workers a voice and a choice: The historic Janus decision four years later
On June 27, 2018—four years ago today—the United States Supreme Court ruled in Janus v. AFSCME that public employees no longer have to pay union fees in order to keep their job. Before this historic decision, millions of government workers across the country had no choice when it came to joining a union and paying dues.
Mark Janus, the lead plaintiff in the Supreme Court case, was one of those workers. A child support specialist who works for Health Care & Family Services, Janus did not believe he should be forced to pay fees to a union that engages in political causes that don’t align with his values.
Janus’s plight is one felt by millions of other public employees. Many workers do not think their union represents their political beliefs or best serves their interests, and they don’t want a portion of their paycheck supporting a cause they don’t believe in.
The Supreme Court agreed with Janus. Janus vs. AFSCME restored the First Amendment rights of millions of public sector employees—giving them a voice and a choice when it comes to union membership. The decision will force unions to better represent workers and their interests in order to prevent membership decline. The Buckeye Institute, a nonprofit policy organization in Ohio, added: “By respecting the First Amendment rights of public-sector employees, in Janus, the US Supreme Court gave workers the power to hold government unions accountable for the services they provide as well as the political causes and candidates they support.”
In the four years since the decision, a Network of state and local policy organizations, committed to improving the lives and livelihoods of the Americans in their communities, launched efforts to educate workers about their rights, and helped thousands of workers opt-out of union membership.
The Janus decision was just the beginning of the effort to ensure all workers who wish to leave their union are free to do so. The Court affirmed that public workers do indeed have a choice. But how would government workers, more than five million across the country, understand their restored rights under Janus?
That’s where SPN’s 50-state Network came in. Several organizations launched initiatives to educate workers about their constitutional right to leave their union. Many of these organizations are members of State Policy Network’s Workplace Freedom Working Group—a coalition dedicated to labor reform that collaborates on multi-state worker freedom initiatives.
Joseph Lehman, president of the Mackinac Center, a nonpartisan policy organization in Michigan, added: “Freedom is not self-executing. We knew even a positive ruling would mean little unless we could then educate millions of workers and help them exercise their rights under 50 unique sets of state laws. SPN is our obvious partner for giving state policy national impact.”
Network organizations spread the word and offered support to workers in a variety of ways:
In addition to ensuring public employees understand their right to op-out of union membership, it’s also important to ensure workers can exercise that right. For many workers, however, leaving their union is a difficult endeavor. Although the Janus decision affirmed a worker’s right to leave their union, unions don’t always notify employees about that right, leaving many in the dark.
The Freedom Foundation highlighted how unions will even use questionable tactics at times to prevent employees from exercising their right to leave the union. For example, some unions would only process opt-outs during an arbitrary, union-established two-week annual window. Other unions would challenge employees opt-out requests by ignoring the request outright or filing lawsuits against those requests. To help workers exercise their right to opt-out, several organizations in the Network used litigation to defend these workers in court.
Snapshot of impact across the states:
Legislation is another component of the Network’s strategy to ensure the Janus decision is respected and workers can exercise their rights. In fact, 179pieces of pro-Janus legislation has been introduced
since 2019. The Mackinac Center is working with Network partners to educate lawmakers and governors on the role they play in enforcing the Janus decision.
Snapshot of impact across the states:
In the four years since Janus, the Network has helped thousands of workers exercise their right to choose union membership. But there’s still work to be done. Millions of workers across the country feel the struggle Mark Janus once felt—unrepresented and without a voice at work. This Network is committed to helping these workers find their voice and leave their union if they chose to do so.
Aaron Withe, CEO of the Freedom Foundation, said: “The opt-out results since Janus have been both encouraging and disappointing. We’re deeply gratified that our hard work has helped so many win their freedom in the face of the unions’ unrelenting opposition, but we won’t be completely satisfied until every single worker who wants out gets out. In our experience, unionized government workers are eager to opt out once they learn they can—and that the Freedom Foundation has their back.
But it doesn’t happen by itself. You have to work at it.”
Snapshot of impact across the states:
State Policy Network
Janus v. AFSCME Decision Restores Government Workers’ First Amendment Rights
State Policy Network
Three Years After Janus, The Network Continues To Stand With Workers
State Policy Network
Two years after Janus, workplace freedom fights remain in courts
State Policy Network
5 Things to Know About Janus v. AFSCME
State Policy Network
How to Leave Your Union: Help for Government Workers
State Policy Network
