ATTENTION: What an Adverse Decision in Janus Means and Does not Mean

To all,

It has come to my attention that there are misunderstandings about what an adverse decision in Janus does and does not mean. If the Court fully rules in Mark Janus’ favor, the following things are true:

  1. Fair share in the public sector will no longer be legal.
  2. All fair share provisions currently in CBAs [Collective Bargaining Agreements] will be invalid.
  3. Fair share fees will no longer be able to be collected from feepayers.
  4. Fair share feepayers will automatically become non-members, unless the person chooses to become a member.

Conversely, an adverse decision in Janus, however, will NOT legally change the following:

  1. Payroll deduction of dues: Deduction of Association dues from members’ paychecks will still be legal.
  2. Continuing membership: We will NOT need annually to re-sign members. Membership will be continuous, unless a member provides written notice that he/she wants to drop membership.
  3. Duty of Fair Representation: The obligation of the exclusive bargaining representative to fairly represent both members and non-members in the bargaining unit will continue. Just because someone is no longer a feepayer and is a non-member, does not change the local’s obligation to fairly represent them in collective bargaining, contract administration and grievance processing.
  4. IELRA [Illinois Education Labor Relations Act*] Rights: The Association will continue to have the same rights and obligations to bargain over issues affecting wages, hours, terms and conditions of employment for all people within the bargaining unit. Associations as well as individuals within the bargaining unit will still have the right to strike, or otherwise engage in  protected concerted activity. A loss in Janus does NOT mean that we lose collective bargaining.


Mitchell Roth
General Counsel
Illinois Education Association-NEA

*The Illinois Educational Labor Relations Act (IELRA) was effective January 1, 1984. Therein, the Illinois General Assembly declared the purpose of the IELRA was to promote orderly and constructive relationships between educational employees and their employers, recognizing that harmonious relationships are required between educational employees and their employers. The General Assembly stated that this policy is best accomplished by (a) granting educational employees the right to organize and freely choose their representative; (b) requiring educational employers to negotiate and bargain with employees’ representatives and to enter into a written agreement with these representatives; and (c) establishing procedures which protect the rights of educational employees, their employers and the public. Section 5 of the IELRA created the Illinois Educational Labor Relations Board (IELRB), the public body charged with administering the IELRA.

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