Page 5 - 2018 Janus Toolkit CCD

Specifically, under SB 866, any “mass communication” sent to employees or applicants concerning their rights to
join or support or refrain from joining or supporting their union requires a meet and confer process with the appli-
cable union. Any mass communication concerning the Janus decision may fall within this provision and require
the parties to attempt to craft a mutually agreeable content, or follow the alternate process of distributing two
sets of mass communication: one from the employer and one from the union. Public employers wanting to com-
municate with employees about the Janus decision and related issues must be mindful in drafting the content of
any such communication, as it may fall within the scope of the “mass communication” requirements of SB 866.

Public agency employers are further encouraged to provide an update on the case to their unrepresented man-
agers and supervisors, along with governing board members, and to provide talking points in the event they are
faced with questions about the Janus decision. If managers or supervisors are represented, the public agency
should work with counsel to ensure that communication with these represented groups is consistent with SB 866.

To assist our clients, we are developing a communication template. If you are interested in receiving this, please
contact one of our offices.

3. Examine Collective Bargaining Agreements

After these immediate next steps are in place, in consultation with legal counsel, public agency employers should
review their collective bargaining agreements to determine how the Court’s decision impacts current contract lan-
guage, assess what articles are impacted by Janus, and determine whether any immediate action or negotiation
is required.

While the Court’s decision may not immediately impact current dues-paying union members, some members
could choose to opt out of union membership in the future as a result of the Court’s decision, in accordance with
applicable collective bargaining agreements and membership agreement. To the extent membership in a union
and attendant dues deductions are premised on an opt-out article or practice, wherein the employee is automat-
ically in the union and automatically charged union dues unless he or she ops out, such provisions will need to be
negotiated with the union to comply with Janus so that an employee clearly and affirmatively consents to union
membership.

RELATED BILLS

In addition to SB 866, please be aware that there are other bills pending in the California Legislature that address
union dues and labor relations. Lozano Smith is tracking all of these pending bills and will provide updates if any
are adopted by the Legislature and signed by the Governor.

Janus v. AFSCME Overview and Next Steps LozanoSmith.com