OSBA updates Janus ruling guidance

OSBA Labor Services has updated its guidance following the Supreme Court’s Janus ruling. The June decision declared that it was unconstitutional to require every employee covered by a collective bargaining agreement to pay union fees, known as “fair share fees.”

OSBA staff members drafted a guidance document in June for schools and have added more information, including two letter templates that districts can send to unions. One letter informs the union that the district will no longer be deducting dues from members’ pay without written authorization, and the other gives a union notice of its right to demand to bargain over the ruling’s impacts.

Additionally, OSBA has uploaded examples of an Association Proposal and a Memorandum of Understanding, both received by Districts and demonstrating the language Associations are proposing. The guidance document link above has been updated with our suggestions for Districts preparing for their next step in this process.

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.

Additional resources:

• Janus v. AFSCME: U.S. Supreme Court ruling.

• 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.