Top 10 Questions about Senate Bill 866 – New State Legislation Impacting How Public Employers Communicate with Employees and Manage Employee Organization / Union Membership Dues

The post was authored by Erin Kunze. On June 27, 2018, Governor Brown signed into law the Final State Budget, along with budget trailer bill, Senate Bill 866. In brief, though there is little comment in the Bill’s legislative analysis, it is clear that Senate Bill 866 is a direct response to the Supreme Court’s anticipated, and now adopted, holding in Janus v. AFSCME.  As noted in our related Special Bulletin, the Supreme Court’s decision in Janus v. AFSCME overturned forty-plus years of case law that authorized agency shop – or mandatory union service fees – in public sector employment.  The Court’s decision in Janus v. AFSCME means that public agency employers and unions that represent public employees can no longer mandate as a condition of employment that employees pay a service fee (or comparable religious objector charitable contribution) for the portion of union dues attributable to activities the union claims are…

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