Teachers protest historical ruling of the Supreme Court

Union dues, and whether or not teachers can be compelled to pay them, are at the heart of a U.S. Supreme Court case which is scheduled for decision in June.
In Friedrichs v. California Teachers Association (CTA), Rebecca Friedrichs and nine other California teachers are battling the CTA, which believes that teachers must pay collective bargaining fees to the local union, whether or not they are members. Collective bargaining is a negotiation between unions and employers aiming to stabilize and improve working conditions.
The CTA is referring back to the 1977 Supreme Court ruling which states that “public employees can be required to pay a ‘fair share’ fee to reflect the benefits all workers receive from collective bargaining.” This means that all teachers are obligated to pay a fee for collective bargaining, but they can opt out of being a union member.

California and 22 other states divide union dues into two parts. The first is the international portion, called the fair share fee. The fair share fee is used by unions to advance their political agendas and to support the goals of members on a national level. This part, according to state law, is not mandatory. The second part, which goes to the local union, is reserved for collective bargaining. California considers this part a mandatory fee. About 90 percent of California public school teachers, both union members and non-members, currently pay both parts of union dues (about $1000 a year). Ten percent have opted out of paying for the non-collective bargaining portion (about $300). The plaintiffs argue that they should not be compelled to pay any union dues.

According to the union, joining is considered beneficial to teachers. The union considers those who want to benefit from union collective bargaining efforts, but not pay for collective bargaining, “free riders.” Friedrichs and the other plaintiffs consider the matter a free speech issue. They are frustrated because although they have the ability to “opt out” of being a member of a union, they are mandated to pay its collective bargaining fees.
CTA’s main argument is that without mandatory fees in California, the union will not be as strong, weakening the union’s ability to engage in collective bargaining. Friedrichs and her supporters
believe doing so is unconstitutional, as it forces a teacher to pay fees for a cause they may not support, therefore violating their First Amendment rights.

“I never asked the union to represent me,” Friedrichs said in Reason magazine. “They are the ones who requested laws to give them the right to bargain on behalf of everyone.”
English teacher and Palos Verdes Faculty Association bargaining chair Tim Coleman supports the CTA. According to Coleman, being a member of the union is beneficial to teachers, because the union will collectively represent all teachers even if they are not union members.
“The union allows teachers a stronger voice in protecting their rights and getting fair pay for hard work,” Coleman said. “The best possible solution would be for all teachers to join the union and happily pay the fees that provide them with job and wage protections they enjoy.”
Most legal observers expect that the death of Justice Antonin Scalia will result in a 4 to 4 tie and a fallback on California law, ensuring a union victory.