Supreme Court Appears Skeptical of Union Fees — a Potentially Major Loss for Labor Groups

The Supreme Court sounded ready Monday to deal a severe blow to public employee unions by striking down laws that require all workers to help pay for collective bargaining.

In its tone and questioning, the argument resembled more of a congressional hearing at which Republicans took one position, Democrats argued the opposite, and there appeared little chance to sway either side.

The court’s five Republican appointees strongly suggested they believe it is unconstitutional to force an objecting teacher from Orange County and millions like her to pay for union activities they do not support. Justice Anthony M. Kennedy described the mandatory fees as “coerced speech” that violates the 1st Amendment.

Under a 1977 Supreme Court ruling that may now be reversed, public employees can be required to pay a “fair share” fee to reflect the benefits all workers receive from collective bargaining. But at the same time, employees who object cannot be forced to pay for a union’s political activities.

In California, for example, that means teachers are required to pay $650 a year for collective bargaining, but not the roughly $350 more that goes toward the union’s political spending and lobbying. (Read more from “Supreme Court Appears Skeptical of Union Fees — a Potentially Major Loss for Labor Groups” HERE)

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