NJASA Legal Department Research Services - October 2018
On May 18, 2018, the Workplace Democracy Enhancement Act became effective. The purpose of the Act was to ensure that majority representatives of public employee unions can carry out their duties by having onsite access to employees, and by being able to communicate with employees through the employer’s email system. This Administrative Guide will discuss the requirements of the Act, as well as the burdens it will place on school administrators. It will also discuss the impact of the United States Supreme Court opinion in Janus on employees’ requests to end payment of their union dues.
In addition, the School News Briefs reviews three new cases including the Janus case in which the United States Supreme Court held that agency fees violate the Free Speech Rights of non-members of public sector unions by compelling them to subsidize unions’ private speech.
The October 2018 Impact on Negotiations reviews three cases including one in which PERC restrained binding arbitration of a grievance contesting the withholding of the principal’s increment for failing to properly supervise a school-sponsored event.
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