Businesses Fight Back on Final Persuader Rule

In what the New York Times describes as the “starkest illustration yet” of the impact of the death of Justice Antonin Scalia, the Supreme Court deadlocked in a case that would give public-sector employees the right to refuse to pay union fees.

When the case was argued in January, the court’s conservative majority seemed ready to say that forcing public workers to support unions which they had declined to join violated their First Amendment rights. Justice Scalia’s questions consistently challenged the union position.

The 4-4 deadlock vote did not set precedent in the case and leaves open the possibility that further challenges can be brought to the Supreme Court when nine justices are seated.

The case was brought by the Center for Individual Rights. Terence J. Pell, the group’s president, said the matter is too important to let a split decision stand.

“Either compulsory dues are an acceptable exception to the First Amendment or they are not,” Pell said. “A full court needs to decide this question, and we expect this case will be reheard when a new justice is confirmed.”

Under California law, public employees who choose not to join unions must pay a “fair share service fee,” also known as an “agency fee,” typically equivalent to the amount members pay in dues. The fees, the law says, are meant to pay for some of the costs of collective bargaining, including “the cost of lobbying activities.” More than 20 states have similar laws.

Source: The New York Times S