Employee Relations update 7/11/2014
Supreme Court Agency Shop Ruling: What Does It Mean for Counties?
Earlier this month, the United States Supreme Court, in a 5-4 decision, ruled that the First Amendment prohibits the collection of an agency fee from Illinois home health care providers who do not wish to join the union.
As outlined in California Labor Code section 3502.5, an agency shop agreement may be negotiated between a public agency and a recognized public employee organization that has been recognized as the exclusive or majority bargaining agent pursuant to reasonable rules and regulations, ordinances, and enactments, in accordance with the Meyers-Milias Brown Act. “Agency shop” means an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the organization.
The Supreme Court ruling doesn’t have much of an effect for California’s public agencies. However, it should be noted that In-Home Supportive Services (IHSS) employees in California in counties utilizing public authorities as the employer for collective bargaining purposes that have not yet implemented the recently-enacted IHSS Employer-Employee Relations Act (IHSS-EERA) are considered partial public employees; therefore, it is possible that those counties may experience challenges from individual workers to the agency fee deduction.