OSBA updates Janus guidance for union members’ dues authorization
Thursday, September 13, 2018
Janus Guidance Update: September 13, 2018
OSBA has received some questions this week asking whether dues deduction authorizations that are signed by the employee prior to June 27, 2018 are sufficient in allowing Districts to deduct dues from an employee’s paycheck. Some Districts have received copies of membership documents from the Association that date back prior to the Supreme Court ruling on June 27, 2018.
OSBA guidance on this issue has not changed. If Districts have received copies of dues deduction authorizations dated prior to June 27, 2018, they are sufficient for continued dues deductions. Please see the attached letter from the Oregon State Attorney General’s office that supports the OSBA guidance.
OSBA Labor Services has updated its Janus guidance to clarify signature requirements for dues deductions.
The Supreme Court’s Janus ruling declared it was unconstitutional to require every employee covered by a collective bargaining agreement to pay union fees, known as “fair share fees.” OSBA and districts have been working with union representatives to update collective bargaining agreements and dues deduction procedures as a result of the Supreme Court’s ruling.
The updated guidance also emphasizes that districts should not discuss with employees the Supreme Court decision or topics related to union membership. The Public Employees Collective Bargaining Act prohibits employers from encouraging or discouraging union membership, and such communication could lead to an unfair labor practice claim. OSBA’s guidance is designed to be helpful for all districts, but some districts have unique collective bargaining language that might need additional consideration. Contact your district’s attorney or OSBA Labor Services at 503-588-2800 with any questions.
National School Boards Association FAQ: It should be noted that the FAQ is national and is not specific to Oregon. Additionally, please note that in this document, fair share fees are called agency fees. For the purposes of this document, these two terms are interchangeable.