In Split Decision, Supreme Court Affirms 9th Circuit Judgment Finding Agency Fees Constitutional

On March 29, 2016, the Supreme Court issued a one-line decision in Friedrichs v. California Teachers Association announcing a 4-4 split in the case. The effect of the split is to affirm the 9th Circuit’s decision, which upheld the constitutionality of “agency fees,” or fees paid by non-union members in return for the benefits that the union has negotiated for the entire bargaining unit. To read the Supreme Court's Decision, click HERE. The constitutionality of such fees, alternatively called “fair share fees” or “representation fees,” was upheld by the Supreme Court in the 1977 decision Abood v. Detroit Board of Education. The Abood Court held that it was not a violation of the First and Fo

Appellate Division Reversed PERC Decision Which Negated an Over 35-Year History of Payment of Salary

Firm Partner PAUL L. KLEINBAUM, ESQ. and Associate MARISSA A. McALEER, ESQ. represented amicus curiae, New Jersey State PBA, in In re County of Atlantic and PBA Local 243. The Appellate Division overturned a decision by PERC which reversed over 35 years of agency case law. The court held that a public employer cannot refuse to pay salary step increments after a contract has expired and before a new contract has been negotiated if it has done so in the past. This case arose out of Atlantic County and involving PBA Locals 177 and 243, and also involved a companion case involving PBA Local 174 and Bridgewater Township. The appeal attracted a great deal of attention from both labor and manageme

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