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S.F. No. 3754 - Fair-Share Fees from Nonmember Public Employees
Author: Senator Mary Kiffmeyer
Prepared By: Stephanie James, Senate Counsel (651/296-0103)
Date: March 22, 2018


In the coming months, the U.S. Supreme Court is expected to issue an opinion as to whether unions can collect fair-share fees from nonmember public employees without running afoul of the employees’ first amendment rights.   Janus v. Am. Fed'n of State, Cty. & Mun. Employees, Council 31, 138 S. Ct. 54, 198 L. Ed. 2d 780 (2017), on petition for certiorari from Janus v. Am. Fed'n, 851 F.3d 746, 747 (7th Cir.).

If the Supreme Court decides that these fair-share fees are unconstitutional, this bill would repeal the Minnesota Statutes that permit exclusive representatives to charge fair-share fees to public employees who are not members.

The effective date of the bill is after a decision by the U.S. Supreme Court that public employees who are not members of an exclusive representative shall not be required to pay fair-share fees.  If the Supreme Court decides in Janus that fair-share fees are permissible, then this bill will not go into effect.


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