In 2018, the Supreme Court ruled in favor of Mark Janus, an Illinois state employee arguing that the public-sector union that collected fees from him had no right to do so as he had refused to join the union because he opposed many of its positions, including those taken in collective bargaining.
The Court ruled, “States and public-sector unions may no longer extract agency fees from nonconsenting employees. The First Amendment is violated when money is taken from nonconsenting employees for a public-sector union; employees must choose to support the union before anything is taken from them. Accordingly, neither an agency fee nor any other form of payment to a public-sector union may be deducted from an employee, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay.”
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