Supreme Court Takes a Hard Look at Union Fees for Public Workers

A group of California teachers has sued its union, arguing that the hundreds of dollars a year teachers are required to pay the union represents a violation of their First Amendment rights, because the money goes to support positions with which they disagree.

The U.S. Supreme Court heard arguments in the case last week, and judging by their harsh questioning, the handwriting may be on the wall for public sector unions.

Justice Anthony Kennedy rejected arguments that the fee system is needed to prevent non-union members from becoming “free riders” who benefit from the union without paying dues. “The union,” said Kennedy, who is a swing vote, “is basically making the teachers ‘compelled riders’ on issues with which they strongly disagree.”

And Chief Justice John Roberts was sympathetic to the plaintiffs’ arguments and said that even routine matters can become politically charged if they involve how the state spends money.

The court’s decision, expected by June, will affect millions of government workers of all kinds and may deal a sharp financial and political blow to public unions.

The Supreme Court has previously suggested that the First Amendment bars government workers from being subject to mandatory union dues.

The ruling is unlikely to have a direct impact on unionized employees of private businesses, as the First Amendment restricts government action and not private conduct. S