Last month marked eight years since the Supreme Court's landmark ruling in Janus v. AFSCME, which held that public employees cannot be compelled to pay union dues as a condition of employment. Prior to this decision, millions of government workers were required to pay such dues. The Court majority found that forcing employees to subsidize union speech they might oppose violates the First Amendment.

Between 2017 and 2022, the American Federation of State, County and Municipal Employees (AFSCME) saw its active dues-paying membership decline from approximately 1.26 million to about 1.05 million workers, a loss of over 200,000 members or 16 percent. Similarly, the National Education Association's headquarters dues revenue dropped from $370 million in fiscal year 2017 to an inflation-adjusted $310 million five years later, also a 16 percent decline in real terms.

National data from the Bureau of Labor Statistics indicate that public-sector union density fell from 33.9 percent in 2018 to 32.2 percent in 2024, before slightly increasing to 32.9 percent last year. After Florida ended government payroll deduction of union dues in 2023, the Florida Education Association lost more than 20,000 members in a single school year.

Additionally, some states have passed legislation that creates an imbalance between joining and leaving unions. For example, Washington's HB 1575 allows unions to enroll workers for dues deduction through written, electronic, or recorded phone consent, but requires cancellation to be submitted in writing.

Notably, many public employees were unaware of the Janus ruling's impact until advocacy organizations began informing them of their rights.

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