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Tuesday, October 20, 2015

‘Friedrichs v. CTA’ – What you need to know about challenge to union dues | EdSource

‘Friedrichs v. CTA’ – What you need to know about challenge to union dues | EdSource:

‘Friedrichs v. CTA’ – What you need to know about challenge to union dues

Friedrichs v. CTA: the Supreme Court Case That Could Destroy Labor Unions as We Know Them http://bit.ly/1OR9VSj


Sometime in early 2016, the U.S. Supreme Court will hear arguments in Friedrichs v. the California Teachers Association et al., a closely watched California-based lawsuit with major implications for the state’s teachers unions and potentially all public-employee unions. The lawsuit challenges the authority of the CTA and other public-employee unions to collect mandatory fees, a main source of their income and, by extension, their power. Here’s a crash course in the case.

WHAT IS FRIEDRICHS V. CALIFORNIA TEACHERS ASSOCIATION?

Friedrichs is a lawsuit brought by 10 California teachers and a teachers group, Christian Educators Association International, that the U.S. Supreme Court has agreed to hear. The plaintiffs want the court to overturn a four-decades-old court decision in Abood v. Detroit Board of Education. That ruling said states could require all employees represented exclusively by a public-employee union to pay “fair-share” or “agency” fees an equal portion of the bargaining costs related to wages, benefits and working conditions. Even employees who aren’t members must pay these fees, although if the plaintiffs prevail, dues and fees for members and non-members would no longer be mandatory. Dues that union members pay include an additional, voluntary amount that covers the union’s costs of campaigning for candidates who back the union and lobbying for issues that a majority of members view as important.

WHO WOULD IT AFFECT?

Half of the states, including California, have adopted laws establishing mandatory “fair share” or “agency” fees employees pay to unions. The remaining 25 “right to work” states either prohibit collective bargaining by public workers or ban mandatory dues. Although the case involves the CTA, and, though not a plaintiff, the smaller California Federation of Teachers, a decision could affect all unions representing public workers, depending how narrowly or broadly the Supreme Court rules.

WHO IS FRIEDRICHS?

Rebecca Friedrichs, a California elementary school teacher and lead plaintiff in Friedrichs v. California Teachers Association.
CREDIT: GREG SCHNEIDER
Rebecca Friedrichs, a California elementary school teacher and lead plaintiff in Friedrichs v. California Teachers Association.
Rebecca Friedrichs is the lead plaintiff, an outspoken opponent of her teachers union who agreed to let her name become identified with the case. Friedrichs has taught elementary school for 28 years, mostly in theSavanna School District in Anaheim. You can listen to her discuss the case here, read a Q&A with her here, and read a commentary by her in the Orange County Registerhere.

WHY IS FRIEDRICHS SUCH A BIG DEAL?

A victory by the teachers who filed the suit could significantly sap the financial strength and undermine the bargaining and political clout of the CTA and other public-employee unions by making all union dues voluntary. Unions would have to persuade employees to voluntarily pay hundreds of dollars to a union that is legally obligated to ‘Friedrichs v. CTA’ – What you need to know about challenge to union dues | EdSource: