Congressional Digest

Supreme Court Debates March 2016 No. 3 Vol. 19
California Teachers Association, National Education Association, et al., Respondents

Public-Employee Unions

Free Speech and Mandatory Fees for Non-Members

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California Teachers Association, National Education Association, et al., Respondents

David C. Frederick, Counsel of Record

Under State law, California public-sector unions can require that government employees either become dues-paying members or submit to “agency fees” that cover the collective-bargaining efforts and other administrative duties performed by the labor organizations. Each year, for instance, California public school teachers pay hundreds of millions of dollars in such charges. On April 20, 2013, a group of the State’s teachers, along with a religious education advocacy group, filed suit against their local, State, and national unions, alleging that agency fees to those public-sector organizations were by their nature political speech and therefore constituted a violation of First Amendment free…

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