Susan Bennett v. American Federation of State, County, and Municipal Employees, Council 31, AFL-CIO, et al.
FirstAmendment LaborRelations Privacy JusticiabilityDoctri
Whether an employee's signature on a union membership card and dues deduction authorization by itself authorizes a government employer and public-sector union to withhold union dues or other fees from an employee's wages consistent with this Court's affirmative consent waiver requirement set forth in Janus?
QUESTION PRESENTED In Janus v. AFSCME, Council 31, 138 8. Ct. 2448, 2486 (2018), this Court held that no payment to a union may be deducted from a nonmembers’ paycheck unless a government employee “affirmatively consents” to waive her First Amendment rights not to pay money to a union. The question in this case is: Whether an employee’s signature on a union membership card and dues deduction authorization by itself authorizes a government employer and public-sector union to withhold union dues or other fees from an employee’s wages consistent with this Court’s affirmative consent waiver requirement set forth in Janus?