November 30, 2018 / 11:20 PM / in 4 months

Judge says SCOTUS ruling on agency fees has no retroactive effect

A federal judge in Seattle has ruled that a public-sector union’s “good faith” belief in the legality of agency fees it charged nonmembers shields it from having to pay back money it collected before the U.S. Supreme Court ruled that such fees are unconstitutional.

U.S. District Judge Robert Bryan on Thursday said that even though the high court had hinted for years that it could overturn decades-old precedent allowing unions to collect fees from public workers who were not members to cover the cost of collective bargaining, an Association of Federal, State and Municipal Employees council could not have known that the court would strike them down until it did so in a June ruling in Janus v. AFSCME.

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