Can a public sector labor union and government employer unilaterally waive public employees' First Amendment rights through a collective bargaining agreement without the employee's knowledge or direct involvement?

QUESTIONS PRESENTED Public sector labor unions cannot use state law to take money from a nonmember public employee’s lawfully earned wages for use in political speech unless the employee affirmatively consents. Janus v. Am. Fed’n of State, Cnty., Mun. Emps. Council 31, 138 S. Ct. 2448, 2486 (2018). Since this waiver must be demonstrated by clear and compelling evidence showing the employee acted voluntarily, and with sufficient information and knowledge, a third party cannot act on the employee's behalf. That is to say, affirmative consent requires affirmative action on the part of the consenting employee. Any procedure failing this standard enables the union and government to compel the employee’s speech, and runs afoul of the First Amendment. Id. The questions presented are: 1. Cana public sector labor union and government employer unilaterally waive public employees’ First Amendment rights through a collective bargaining agreement without the employee’s knowledge or direct involvement? 2. Does a public sector labor union act under “color of law” when it collectively bargains with the government for a waiver of an employee’s First Amendment right to freedom from compelled speech? (i)