After Janus What Comes Next? Possible Solutions to the Free

The Supreme Court’s decision in Janus v. AFSCME overrules a forty-year precedent, Abood v. Detroit Board of Education, which required nonmembers to pay their “fair share” of the costs of union representation. Janus represents a broader attack on unions, and the entire National Labor Policy of free collective bargaining designed to promote labor relations stability and ameliorate economic inequality. But as is characteristic of twenty-first century anti-union ideology, when elevated to constitutional law, it creates opportunities for labor unions and a broader coalition of workers, activists, and their natural allies. This article explores post-Janus legal, legislative, and organizational options for labor and, in particular, ways for unions to address the “free-rider” problem