March 5, 2018 – Law Week Colorado interviewed Patrick Scully regarding Janus v. American Federation of State, County, and Municipal Employees, a court case in which the U.S. Supreme Court will decide whether to overturn a 1977 ruling, Abood v. Detroit Board of Education. The 1977 ruling allowed unions that represent public employees to charge “Fair Share” fees to nonmembers for the costs of negotiating contracts that apply to all public employees. The court reasoned the decision would prevent “free riding” and help keep labor peace. Mark Janus argued that being required to pay a “Fair Share” fee to a public employee union to which he doesn’t belong violates his First Amendment.

Mr. Scully said that although the precise effect isn’t yet clear, the Supreme Court’s eventual ruling in Janus might indirectly affect the private sector as well. “The problem in Abood and Janus cases is that when you talk about a public-sector union, what public-sector unions do is they ask governments to spend money in ‘X’ department instead of ‘y’ department, even in their representational function. Which Mr. Janus has characterized as inherently political. … You don’t have the problem in the private sector,” Mr. Scully said.