In the run-up to oral argument in Friedrichs v. California Teachers Association, OnLabor will be reviewing some of the significant amicus briefs that have been filed in the case.
Over seventy organizations “committed to civil rights and economy opportunity” have filed an amici brief in support of the Friedrichs respondents.
The coalition describes unions as “one of the most successful vehicles for providing economic and professional opportunities for American workers, and, in particular, for women, people of color, and lesbian, gay, bisexual, and transgender (‘LGBT’) workers”:
Put simply, unions have provided a critical path to the middle class for generations of working people, including the nurses, first responders, teachers, and others who comprise the membership of public sector unions. A wealth of data shows that women, people of color, and LGBT workers represented by union contracts — which includes both members and non-members — face smaller income gaps, enjoy greater basic benefits like health insurance and parental leave, have safer workplaces, and are better protected against discrimination than their non-union counterparts.
These benefits are, in part, the product of the unions’ authority to collectively bargain with the public employer and enforce the terms of the agreement through grievance procedures. In turn, the capacity of a union to effectively bargain and represent all workers in a bargaining unit — union members and non-members alike — requires a fair share provision to avoid the problem of free riding. The empirical evidence shows that the economic opportunities that unions afford are substantially greater in those states where the fair share rule is in place.
The organizations then call upon the Supreme Court to affirm its decision in Abood v. Detroit Board of Education — which upheld the constitutionality of the fair share rule — lest it “compromise the opportunities that millions of working people and their families have relied upon for decades.” In short, the amici contend, “this is a case where the values of stare decisis are at their peak.”
Although the brief was spearheaded by the National Women’s Law Center, the Leadership Conference on Civil and Human Rights, and the Human Rights Campaign, dozens of other organizations spanning a wide spectrum of interests, causes, and constituencies also signed on, including the ACLU, Asian Americans Advancing Justice, the Center for Popular Democracy, Equal Rights Advocates, GLAD, the League of United Latin American Citizens, MALDEF, the NAACP (and the NAACP LDF), NOW, the National Urban League, and the Sierra Club.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
May 24
A majority of House Representatives sign a discharge petition for the Faster Labor Contracts Act, and the House Transportation Committee adopts a railroad safety amendment in the Build America 250 Act.
May 22
U.S. employers spend $1.7B on union avoidance each year and the ICJ declares the right to strike a protected activity.
May 21
UAW backs legal challenge to Trump “gold card” visa; DOL requests unemployment fraud technology funding; Samsung reaches eleventh-hour union agreement.
May 20
LIRR strike ends after three-day shutdown; key senators reject Trump's proposed 26% cut to Labor Department budget; EEOC moves to eliminate employer demographic reporting requirement.
May 19
Amazon urges 11th Circuit to overturn captive-audience meeting ban; DOL scraps Biden overtime rule; SCOTUS to decide on Title IX private right of action for school employees
May 18
California Department of Justice finds conditions at ICE facilities inhumane; Second Circuit rejects race bias claim from Black and Hispanic social workers; FAA cuts air traffic controller staffing target.