New York University School of Law Professor Samuel Estreicher proposing another potential post-Janus public policy change. The article proposes that employees who conscientiously object to financially supporting a public sector union should be required to donate a sum equivalent of an agency fee or dues to a charity of their own choosing. As the article notes, a very similar legal requirement exists under Section 19 of National Labor Relations Act for individuals with religious objections to joining or financially supporting a labor union.
At least one state, Michigan, has language in its public sector collective bargaining statute that touches upon this option. The Michigan Public Employment Relations Act, Section 423.209(1)(c), states that a public employee may "[p]ay to any charitable organization or third party an amount that is in lieu of, equivalent to, or any portion of dues, fees, assessments, or other charges or expenses required of members of or public employees represented by a labor organization or bargaining representative."
While a mandate that requires a contribution to a charitable cause of one's choosing avoids First Amendment concerns, and undermines the free-rider syndrome to some degree, it does not solve the adverse financial impact of non-payment to the union on its ability to represent the bargaining unit in negotiations and in the administration of contracts.