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Category:Agency Fees

Opening Brief Filed in Friedrichs

Sep 4, 2015 Juhyung Harold Lee

Earlier today, counsel for petitioners filed their opening brief in Friedrichs v. California Teachers Association. According to petitioners, fair-share arrangements create a “regime of compelled political speech [that] is irreconcilable with [the Supreme] Court’s decisions in every related First Amendment context, as well as its recent recognition of ‘the critical First Amendment rights at stake’ […]

SCOTUSblog Symposium on Friedrichs

Aug 24, 2015 Juhyung Harold Lee

All this week, SCOTUSblog is hosting a symposium on Friedrichs v. CTA. Lyle Denniston posted a primer on the case this morning, and Deborah La Fetra of the Pacific Legal Foundation has written the symposium’s first post. La Fetra argues that Abood should be overruled because it “was based on faulty premises and an unrealistic view […]

Guest Post: Friedrichs is a Petition Clause Case (and, yes, it matters)

Aug 17, 2015 Maggie McKinley

Maggie McKinley is Climenko Fellow and Lecturer on Law at Harvard Law School. We often forget that the First Amendment codifies more than just speech protections. That amendment contains a bundle of rights, including the often-forgotten rights to petition and associate. The agency fee doctrine is similarly bundled. Under the agency fee doctrine, we worry […]

Interview with Friedrichs v. CTA Plaintiffs

Aug 12, 2015 Juhyung Harold Lee

Yesterday, the Washington Post published excerpts from separate interviews it conducted with Rebecca Friedrichs and Harlan Elrich, two of the plaintiffs in Friedrichs v. CTA. In addition to discussing questions such as why they got into teaching in the first place, and what the teachers’ lounge has been like for them recently, Friedrichs and Elrich […]

Roundup of Coverage on Friedrichs Cert. Grant

Jul 1, 2015 Juhyung Harold Lee

Since yesterday’s announcement that the Court has voted to hear Friedrichs v. California Teachers Ass’n, a variety of major news outlets and commentators have reported on the case. Over at the Los Angeles Times, David Savage observes that Friedrichs “comes at a time when public-sector unions are already being targeted by Republican governors in formerly […]

Guest Post: Scalia May Be Critical Vote in Friedrichs v. California Teachers' Ass'n

Jun 30, 2015 Catherine Fisk

Catherine Fisk is Chancellor’s Professor of Law at the University of California, Irvine. The Court today granted review in Friedrichs v. California Teachers’ Ass’n. This suggests that four Justices may want to extend to public school teachers the right-to-work regime the Court imposed on home care workers in 2014 in Harris v. Quinn. That is […]

Friedrichs, Harris v. Quinn and the future of Public Sector Fair Share Agreements?

Jun 30, 2015 Benjamin Sachs

It is way too early to make predictions about the outcome of Friedrichs v. CTA, but if you’re interested in what a Friedrichs opinion authored by Justice Alito overruling Abood would look like, you might read Part II of Justice Alito’s opinion in Harris v. Quinn. There, writing for a five-justice majority, Justice Alito begins by calling Abood an “anomaly” (something […]

Supreme Court Grants Cert in Friedrichs

Jun 30, 2015 Benjamin Sachs

In a major development for the future of labor law and the U.S. labor movement, the Supreme Court has granted certiorari in Friedrichs v. California Teachers Association. At stake is the Abood line of precedent and the constitutional permissibility of fair share agreements for public sector workers. To put it simply, the Court may well hold in Friedrichs that a […]

No Word Yet on Friedrichs Cert. Petition

Jun 29, 2015 Juhyung Harold Lee

The U.S. Supreme Court declined today to announce whether it will grant certiorari in Friedrichs v. California Teachers Ass’n (click here for previous discussion of Friedrichs). Per Amy Howe of SCOTUSblog, the Court may still act on the petition at a “clean-up” conference before officially recessing for the summer. Otherwise, there will be no movement […]

Court to Consider Friedrichs Cert. Petition on Thursday

Jun 22, 2015 Juhyung Harold Lee

After a bit of a scheduling shuffle, the Supreme Court is set to consider this Thursday whether it will grant certiorari in Friedrichs v. California Teachers Ass’n. As discussed earlier on this site, Friedrichs would present the Court with a vehicle to reconsider Abood v. Det. Bd. of Educ. and the constitutionality of public sector “fair share” agreements that Abood upheld. The Friedrichs petition comes on the […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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Opening Brief Filed in Friedrichs

SCOTUSblog Symposium on Friedrichs

Guest Post: Friedrichs is a Petition Clause Case (and, yes, it matters)

Interview with Friedrichs v. CTA Plaintiffs

Roundup of Coverage on Friedrichs Cert. Grant

Guest Post: Scalia May Be Critical Vote in Friedrichs v. California Teachers' Ass'n

Friedrichs, Harris v. Quinn and the future of Public Sector Fair Share Agreements?

Supreme Court Grants Cert in Friedrichs

No Word Yet on Friedrichs Cert. Petition

Court to Consider Friedrichs Cert. Petition on Thursday