Dive Brief:
- The Supreme Court has agreed to hear a case brought by a California teacher that argues against obligatory union fees for public school employees.
- The case is an attack on public sector unions nationwide and, depending on the way the court rules, could severely impact the way unions are funded at public colleges and universities.
- The plaintiffs in Friedrichs v. California Teachers Association argue it is a violation of their first amendment rights to be forced to pay into a union to which they do not officially belong.
Dive Insight:
Historically, an institution that has a union requires all employees, whether they join the union or not, to pay some portion of their wages toward what amount to dues. This has been upheld by the courts because nonunion employees that work in places that have unions still benefit from their organizing. When unions advocate for certain working conditions or higher pay, it is for all employees.
Wisconsin stripped the collective bargaining rights of public sector workers in 2011 following massive protests by teachers across the state. Half of all states now have laws that prevent unions from obligating all workers to pay “agency fees.” The Supreme Court has maintained that the obligatory fees are constitutional since the 1977 case Abood v. Detroit Board of Education.