In wake of Janus ruling, AG issues advisory on public sector workers’ rights, employer obligations

In response to the June 27 U.S. Supreme Court decision in Janus v. AFSCME, the Office of Attorney General Maura Healey issued an advisory regarding public sector workers’ rights and employer obligations.

Under the Janus decision, public sector unions may no longer charge agency fees to employees who are not union members, and public sector employers may no longer deduct agency fees from a nonmember’s wages without the clear and affirmative consent of the nonmember employee.

Municipalities are advised to consult with legal counsel to immediately stop payroll deductions for the non-union members of all bargaining units, and to notify the representatives of all bargaining units of the intention to comply with the Janus decision.

The attorney general’s advisory affirms the collective bargaining rights of public sector employees under Chapter 150E, explains the impact of the Janus decision on union dues and agency fees, and reminds readers of the procedures for access to union members and personal information in the public sector.

• Download the attorney general’s advisory (294K PDF)

The Department of Labor Relations also issued a guidance on the impact of the Janus decision.

• Link to the DLR’s Q&A on Janus