The US Supreme Court agreed Tuesday to take up the issue of whether civil servants can be forced to pay dues to public sector unions even if they are not members. The case could determine the very survival of public sector unions in America. The plaintiffs are 10 teachers in California and a group called Christian Educators Association International.
They argue that their being forced to pay union dues violates their First Amendment rights guaranteeing freedom of speech. The court will hear arguments during its next session after the summer break. The court's decision to study the issue does not seem to augur well for public sector unions: two previous rulings by the court already restricted their fund-raising ability.
Attorney Moshe Marvit, a labor law expert with the Century Foundation, said in January when the suit was first filed with the court that it could "decimate American public sector unionism." Marvit said the case known as Friedrichs v. California Teachers Association aimed to overturn a nearly 40 year precedent and could be the most damaging to unions in decades. Under this precedent, civil servants who do not wish to belong to public sector unions must still pay "fair share" fees to keep them from getting a free ride: enjoying the benefits of union representation without having to chip in and support the union.