REPORT

What to do as a manager after the Supreme Court's Janus decision

The Supreme Court's 2018 Janus v. AFSCME ruling determined government employees could not be forced to join a union and could not be required to pay union dues or fees. Learn what you need to know as a manager.

What managers can do

  • Refer employees who have questions about the Janus decision to their unions. 
  • Refer employees with questions about union membership, dues, or fees to their unions
  • Let union representatives access work locations as permitted under the applicable MOU. Familiarize yourself with the union access provisions of those MOUs.
  • Forward requests for release time to your Departmental Personnel Officer.
  • Allow union representatives to post union materials on designated bulletin boards as permitted under the applicable MOU.
  • Allow union solicitation during non-working hours and breaks.
  • Refer questions you may have to your Departmental Personnel Officer.

What managers can not do

  • Do not provide employees with your views or analysis of the Janus decision, or your predictions about its impact.
  • Do not answer questions from employees about their union membership, dues, or fees.
  • Do not allow union representatives to access secured areas without prior approval from your Departmental Personnel Officer, or as otherwise permitted under the applicable MOU.
  • Do not release employees from duties to participate in union activities except as authorized by your Departmental Personnel Officer.
  • Do not interfere with or coerce employees in their decisions about becoming or remaining union members, or participating in union activities.
  • Do not allow union solicitation during working hours and on City time or in a way that disrupts work activities.
  • Do not threaten or discriminate against employees for union membership or participating in union activities, or declining to join a union or participate in its activities.

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