U.S. Supreme Court Today Hears Teachers’ Case to Be Free from All Union Dues

FOR IMMEDIATE RELEASEMedia Contact:
Steve Buckstein
503-242-0900
steven@cascadepolicy.org

PORTLAND, Ore. – The U.S. Supreme Court hears oral arguments this morning in the Friedrichs v. California Teachers Association case aimed at protecting the First Amendment rights of free speech and free association for public employees nationwide, including Oregon.

Rebecca Friedrichs and nine other California public school teachers argue that their Constitutional rights are being violated by the collection of so-called “fair share” or “agency” fees from their paychecks to pay for services the teachers don’t want, from a union whose political goals they oppose.

The Court has long allowed both public and private sector employees to opt out of union membership and the political portion of union dues, but has allowed unions to collect fees for bargaining and representation purposes. Now, Rebecca Friedrichs and her colleagues are arguing that in the public sector, everything their union does is inherently political and therefore they should not be compelled to support that organization with their money.

Organizations and individuals across the country have filed Amicus Briefs with the Court in this case, including two Oregon public employees who have opted out of membership in the labor union that represents them, but are still “…required to make ‘payments-in-lieu-of-dues’ to SEIU….” Their brief was submitted by local attorneys Jill Gibson and James Huffman. Mr. Huffman is Dean Emeritus of Lewis & Clark Law School in Portland and an Academic Advisor to Cascade Policy Institute.

Cascade Policy Institute founder and Senior Policy Analyst Steve Buckstein notes that,

“In bringing her case to the U.S. Supreme Court Rebecca Friedrichs may become the most well-known public school teacher in America—and the most controversial. She is taking this action because, in her own words, ‘It’s time to set aside this union name-calling and all this fear mongering, and let’s put America and her children first, and let’s put the rights of individuals above the rights of these powerful unions.’”

Buckstein adds,

“Cascade Policy Institute stands with Rebecca Friedrichs and her colleagues in this important First Amendment struggle. We look forward to the Court ruling in favor of individual rights above the rights of what Rebecca calls ‘these powerful unions’.”

The Court is expected to announce its ruling near the end of June.

Cascade Policy Institute is a nonprofit, nonpartisan public policy research and educational organization that focuses on state and local issues in Oregon. Cascade’s mission is to develop and promote public policy alternatives that foster individual liberty, personal responsibility, and economic opportunity.

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Policy Picnic – November 18, 2015


Please join us for our monthly Policy Picnic led by Cascade Founder and Senior Policy Analyst Steve Buckstein


Topic: “Right to Work” Reaches the Supreme Court  

Description: The U.S. Supreme Court is set to hear the case Friedrichs v. California Teachers Association this fall. Will the Court side for teacher Rebecca Friedrichs, or for the powerful union that wants to collect dues against her will? If the Court rules for Rebecca, what does that mean for forced unionization across the country? Steve Buckstein will tell us.

“We’re asking that teachers be able to decide for ourselves, without fear or coercion, whether or not to join or fund a union. It’s that simple.”

–Rebecca Friedrichs

There is no charge for this event, but reservations are required as space is limited.  To reserve your free tickets, click here.

Admission is free. Please feel free to bring your own lunch.
Coffee and cookies will be served. 
 
Sponsored by:
Dumas Law Group

Most Teachers Oppose Mandatory Union Fees

A national education journal, EducationNext, has just released results of its annual poll asking a number of education-related questions. One question has particular relevance now because this happens to be National Employee Freedom Week, a nationwide campaign offering an unparalleled focus on the freedoms union employees have to opt out of union membership.

The EducationNext poll asked people in general, parents, and teachers, among other demographic groups, how they feel about mandatory union fees. Here is the exact question asked in the poll:

Some say that all teachers should have to contribute to the union because they all get the pay and benefits the union negotiates with the school board. Others say teachers should have the freedom to choose whether or not to pay the union. Do you support or oppose requiring all teachers to pay these fees even if they do not join the union?

Only 34 percent of the general public supports such mandatory union fees, while 43 percent oppose them.

Only 31 percent of parents support such fees, while 47 percent oppose them.

Most surprising of all, only 38 percent of public school teachers support mandatory union fees, while 50 percent oppose them. As a Reason.com “Hit & Run” blog post notes, “It’s not just non-unionized teachers who think this; unionized teachers made up almost half the sample, and only 52 percent of them said agency fees should be mandatory.”

One public school teacher who opposes mandatory fees could be instrumental in seeing them banned not only for all teachers, but for all public employees across America. California teacher Rebecca Friedrichs has filed a lawsuit against the California Teachers Association, arguing that mandatory fees violate her Constitutional First Amendment rights of free speech and free association. The U.S. Supreme Court recently agreed to hear her case, with a decision likely by next June.

While the Court ruled in 1988 that no one must join a union or pay the political portion of union dues, many workers are still required to pay so-called “fair share” non-political union fees for services such as collective bargaining. Now the Court will take up the argument that at least in the public employment setting, all union activities can legitimately be considered political.

Rebecca Friedrichs says, “It’s time to set aside this union name calling and all this fear mongering and let’s put America and her children first, and let’s put the rights of individuals above the rights of these powerful unions.”

It is clearly time to put individual rights above those of the powerful unions, and now we know that even most teachers agree.

Put Individual Rights Above Those of Powerful Unions

By the time the U.S. Supreme Court rules in the Friedrichs v. California Teachers Association case next June, Rebecca Friedrichs may be the most well-known public school teacher in America—and the most controversial. She is asking the Court to uphold the Constitutional First Amendment free speech and free association rights of all California public school teachers, and by extension all public sector workers across America, against the demands of unions that now require even non-members to pay “agency fees” or “fair share dues.”

The Friedrichs case is just the latest to come before the Supreme Court pitting individual workers against the powerful unions that seek to take their money without their consent. In Abood v. Detroit Board of Education (1977), public sector unions were allowed to impose fees on all workers for collective bargaining purposes. Then, in Communication Workers of America v. Beck (1988), the Court found that unions could not compel fees for political purposes that workers opposed. Finally, just last year in Harris v. Quinn, the Court went further and ruled that at least some workers could opt out of both the political and bargaining portions of public sector union dues. This set the stage for freeing all public sector workers from any forced union dues, which is what the Friedrichs decision hopefully will accomplish.

In Oregon, there also may be a citizen’s initiative on the ballot next November granting freedom from all union dues for public employees. Public employees are the focus of this initiative, and the Friedrichs case, because it has become clear that all public sector union activities are political, including the inherently political act of collective bargaining with public bodies. Union arguments that they should collect fees from all workers because they represent them all increasingly ring hollow because unions lobby to represent everyone. They could just as well lobby to only represent those who voluntarily agree to pay them.

Several scientific surveys have been conducted to see how the public and members of union households feel about these issues. The 2013 survey found that more than 30 percent of Oregon union households would opt out of union membership if they could do so without penalty. Last year, more than 80 percent of all Oregonians surveyed agreed that employees should be able choose whether or not to join a union or pay union dues. This year’s survey again asked members of union households the following question:

“Are you aware that you can opt-out of union membership and of paying a portion of your union dues without losing your job or any other penalty?”

Surprisingly, over 27 percent of Oregon union household members surveyed answered No. This implies that over 65,000 of Oregon’s some 243,000 union members don’t realize that membership and some dues are optional. This is even more surprising given that their so-called “Beck rights” granted by the Supreme Court in 1988 are named after Harry Beck who is now retired in Oregon and still advocating for worker freedom.

These surveys were conducted for National Employee Freedom Week, which this year runs from August 16th through the 22nd.

Rebecca Friedrichs is taking her case to the Supreme Court because, in her own words, “It’s time to set aside this union name calling and all this fear mongering and let’s put America and her children first, and let’s put the rights of individuals above the rights of these powerful unions.”

“Put[ting] the rights of individuals above the rights of these powerful unions” is something every Oregonian should support.