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United States Supreme Court Declines to Rehear Friedrichs v. California Teachers Association


Earlier this week, the United States Supreme Court declined to rehear Friedrichs v. California Teachers Association, a case that dealt with whether public sector unions could lawfully require all employees in the bargaining unit to pay agency fees.  Back in April, the Court deadlocked in a 4 - 4 split on the issue, which resulted in the Ninth Circuit's ruling that public sector unions could continue to require nonmembers to pay agency fees to remain in place.  

I had suggested that the issue was worth a second look by the Court.  Unfortunately, that was not the case at this point.  Had the Court had a full 9 Justices, I think it is possible this case would have had a rehearing.  However, the fact that a new Justice has not been confirmed (and likely will not be for the next few months), perhaps it makes sense that the Court chose to not rehear the case at this time.

With that being said, I do not think this is the last we have heard of this case (or the legality of agency fees).  There are several similar cases pending in district courts around the country that also deal with the issue of compulsory union dues.  Stay tuned.


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