Page 13 - 2018 Janus Toolkit CCD

IMPLEMENTATION CHECKLIST

BACKGROUND
On June 27, the United States Supreme Court decided the Janus v. AFSCME case. As a result, public employees
may not be compelled to pay mandatory agency fees, or “fair share” fees, to public-sector unions, because such
involuntary fees violate the First Amendment of the United States Constitution. The Janus decision immediately
affects laws impacting public agencies that currently allow public sector unions to charge and collect agency, or
“fair share” fees, and provides that neither an agency fee nor any other form of payment to a public-sector union
by a non-member may be deducted from the employee unless the employee clearly and affirmatively consents
before any money is taken from them. It follows that for an employee to waive his/her First Amendment rights
by becoming a union member, an employee must consent to joining the union as waiver of such rights cannot be
presumed under Janus.

In light of this monumental decision, the following checklist is designed to provide public agencies with a first set
of considerations for implementing the Janus decision.

Phase One: Stop Agency Fee Deductions and Execute Your Communication Plan
AGENCY FEE DEDUCTION AND IMPACT
Timing
The Court’s decision in Janus is effective immediately, meaning employees who are non-union members
cannot be charged agency fees. Accordingly, employers must stop deducting agency fees from the
paychecks of employees. Please see below for three practical options to do so.

Identification
Employers should have their human resources and payroll teams work collaboratively with the union
leadership to identify employees who are agency fee payers and develop a cohesive strategy to ensure
immediate compliance with Janus.

Impact of SB 866
California’s newly adopted Senate Bill (“SB”) 866 creates an added layer of potential complication in
implementing the Janus decision, because it modifies the law to require public employers to rely on the
representations of the union regarding an employee’s deduction authorizations. This likely leaves public
agency employers with three options: (1) stop agency fee deductions immediately without communication
with union leadership; (2) stop the agency fee deductions after providing a minimal amount of notice to union
leadership as to the employees who the college believes to be agency fee payers and whose deductions will
be halted with the July paycheck; or (3) stop the fee deductions after the union and college agree to the list
of employees whose fees will be deducted and have the union defend and indemnify the college if fees are
deducted prior to reaching agreement.

COMMUNICATION
Plan
Implement a communication plan to address the likely questions that will come from employees and unions
in the days and weeks following this decision.

Janus v. AFSCME Implementation Checklist LozanoSmith.com