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One to Keep An Eye On: Friedrichs v. California Teachers Association, United States Supreme Court


Note, a couple of readers have pointed me to a few recent labor & employment law updates lately.  Last week, I posted an article that a reader mentioned to me in regard to the Eugenie Bouchard Unsafe Work Environment issue.  Yesterday, I had another regular reader of the blog point this Supreme Court case out to me.  Many thanks!


As with many labor and employment law related cases that are being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Facts:  In California, every year, public school teachers are compelled to make hundreds of millions of dollars in payments to California Teachers Association and their local affiliates.  These payments are mandatory for every teacher working in an agency shop school.  (An agency shop is an arrangement where the employer can hire anyone regardless of their union membership status.  Employees are not required to join a union.  However, all non-union employees must pay an "agency fee" to the union to cover the costs of collective bargaining.).

There is wide disagreement among states whether these "agency fees" are valid, with 23 states currently forcing non-union government workers to pay these fees, even though these workers have no interest in joining a union.

The Main Issue:  Is it a violation of a public employee's First Amendment rights to require them to pay "agency fees", if they are not members of the union?

Current Status:  On June 30, 2015, the United States Supreme Court granted the petition to hear the case.  Briefs have subsequently been filed by all parties.

Yesterday, January 11, 2016, the Supreme Court heard oral arguments on the case.  At oral arguments, Justice Anthony Kennedy seemed to hint at the direction the Court may lean when he expressed concern that some teachers are being forced to financially support their union's position on merit pay and teacher tenure, even though these teachers might have misgivings about doing so.

Looking Ahead:  This is one of the most intriguing cases that is currently pending in any court around the country.  There is prior Supreme Court precedent that supporters of these "agency fees" point to as evidence that there is no First Amendment violation.  In that case, Abood v. Detroit Board of Education, the Supreme Court held back in 1977 that represented workers may be required to pay their share of union bargaining and contract enforcement.  As a result, the argument follows that "agency fees" are appropriate when unions are required to fairly represent all workers in the bargaining unit, whether or not they become members of the union.

However, opponents of these "agency fees" have filed numerous briefs with the Supreme Court expressing their firm belief that Abood should be invalidated and these forced fees should no longer be mandatory for non-union government workers.  Based upon the this First Amendment argument and the direction oral arguments took yesterday, I think it might prove to be enough to invalidate these "agency fees".

Stay tuned.  This will be an interesting one to watch unfold.


For additional information, the SCOTUS Blog has some good links to filings in this case:  http://www.scotusblog.com/case-files/cases/friedrichs-v-california-teachers-association/

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