Friedrichs v. California Teachers Association: A Deceptive Attack on Organized Labor

Wednesday, January 6, 2016

The United States Supreme Court will soon hear oral arguments in Friedrichs v. California Teachers Association (CTA), a lawsuit with major implications for the future of organized labor. While it purports to be about free speech rights, Friedrichs is actually a deceptive attack on unions.

Many California public school teachers working in traditional school districts are CTA members by default. CTA collects dues from members, some of which are "chargeable" -- that is, applied to the costs of collective bargaining and classified as apolitical -- and the rest of which are "nonchargeable," or classified as political.

The plaintiffs in Friedrichs seek to overturn Abood v. Detroit Board of Education, which in 1977 established that, while public sector unions could not require member contributions to nonchargeable spending, they could charge all employees for chargeable spending (activities related to "collective bargaining, contract administration, and grievance adjustment purposes").

The plaintiffs' argument boils down to the following: All spending by the union is inherently political. Mandatory employee contributions to it thus constitute "compelled speech," which is generally prohibited by the first amendment. According to the plaintiffs, the Supreme Court was wrong in Abood when it asserted that the importance of promoting "labor peace" and preventing "free rides" justifies making chargeable dues mandatory.

This argument is deeply flawed on several levels. First, chargeable dues contributions are a condition of a specific type of employment -- they aren't "compelled" by any reasonable definition of the word. Teachers who dislike this employment condition are perfectly free to seek employment at a non-unionized school. Unless the plaintiffs consider all conditions of employment in any profession to be "compelled," which I doubt they do, they can't logically argue that chargeable dues contributions are.

Second, there are also numerous other circumstances in which some form of membership dues is required. I, for example, support very little of our government's defense spending, but I still have to pay the portion of my taxes that fund it. Or, as Gordon Lafer explains, consider that lawyers must pay mandatory fees to practice law and condominium owners are required to pay association fees.

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