In a post-Knox case challenging the constitutionality of agency shop agreements, a federal district court has granted the challengers’ motion for judgment on the pleadings — but in their opponents’ favor.
The case is Friedrichs v. California Teachers Association, which we have been following since the summer. Last April, ten public school teachers and a religious organization called the Christian Education Association International filed suit challenging the constitutionality of the California Educational Employment Relations Act. Under the Act, when a union submits proof that a majority of public school employees in a district wish to be represented by the union, the union becomes the “exclusive bargaining representative” on behalf of virtually every public school employee in the district. As the exclusive bargaining representative, the union can establish an “agency shop” agreement with the district, which requires all represented employees to pay an “agency fee” as a condition of continued employment, regardless of whether the employees are members of the union. Agency fees are essentially the same as union dues except that nonmembers can “opt out” of paying a portion of the fee that will go to union activities not “germane” to collective bargaining, such as political lobbying.
The challengers allege that agency fees and the opt-out (as opposed to opt-in) procedures violate their rights to free speech and association under the First and Fourteenth Amendments. But the Supreme Court has already upheld an identical practice in a 1977 case called Abood v. Detroit Board of Education, in which the Court noted that agency fee agreements are essential to avoid the free-rider problem that would develop if employees could reap a union’s benefits (say, a new high-wage contract) without having to pay for the union’s bargaining costs. The challengers acknowledged that their claim is therefore “presently foreclosed by” Abood — their objective is to have Abood overturned on appeal. The current Supreme Court has welcomed such an invitation, writing in the 2012 Knox decision that Abood and similar cases may not “have given adequate recognition to the critical First Amendment rights at stake.”
Abood remains good law as far as lower courts are concerned, so the challengers asked District Judge Josephine Staton to deny their motion and grant judgment on the pleadings to the defendants so that the challengers could appeal the result. In an odd twist, Judge Staton interpreted their request such that granting the challengers’ motion for judgment on the pleadings (which is typically a “win” for the plaintiffs) would allow judgment to be entered in favor of the defendants (i.e. a “win” for the union). Regardless of any procedural hurdles, if any, this will generate, the challengers will likely immediately appeal this decision to the Ninth Circuit and eventually to the Supreme Court.
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August 1
The Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers issuing noncompete agreements.
July 31
EEOC sued over trans rights enforcement; railroad union opposes railroad merger; suits against NLRB slow down.
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.
July 29
The Trump administration released new guidelines for federal employers regarding religious expression in the workplace; the International Brotherhood of Boilermakers is suing former union president for repayment of mismanagement of union funds; Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
July 28
Lower courts work out meaning of Muldrow; NLRB releases memos on recording and union salts.
July 27
In today’s news and commentary, Trump issues an EO on college sports, a second district court judge blocks the Department of Labor from winding down Job Corps, and Safeway workers in California reach a tentative agreement. On Thursday, President Trump announced an executive order titled “Saving College Sports,” which declared it common sense that “college […]