In Janus v. AFSCME, this Court held that government employers may not withhold money from an employee on behalf of a union unless the employee affirmatively consents to waive their First Amendment right to not pay money to a union. 138 S. Ct. 2448, 2486 (2018). Waiver cannot be presumed and must be freely given and shown by clear and compelling evidence. Id.

Petitioner Ariadna Ramon Baro signed a union membership card believing that she was required to join the union and not knowing that she had a right to not pay money to the union.

The question presented is may a government employer withhold money from an employee on behalf of a union based solely on the employee's signature on a union membership card when the employer does not have clear and compelling evidence that the employee knew of their right under Janus to not pay money to a union and intended to waive that right?

May a government employer withhold money from an employee on behalf of a union based solely on the employee's signature on a union membership card when the employer does not have clear and compelling evidence that the employee knew of their right under Janus to not pay money to a union and intended to waive that right?