Appeals Court To Delay Decision until Supreme Court Ruling on Right of Public Sector Union to Collect Representation Fees

A case before the United States Supreme Court that pits the California Teachers Association against 10 public school teachers could delay the resolution of a parallel case before the First U.S. Circuit Court of Appeals. This is after a childcare provider fighting forced unionism in the U.S. Court of Appeals detailed why she believes a related U.S. Supreme Court challenge will delay a decision in her case.

This is the opinion of Kathleen D'Agostino who with eight other childcare providers are challenging a Massachusetts state law that requires them to accept union representation, says the The Daily Caller. D'Agostino and her fellow childcare providers are challenging the right of the Service Employees International Union to represent them in collective bargaining. In 2014, the Supreme Court ruled that Illinois home healthcare providers cannot be compelled to pay union dues as one collective unit. But that ruling still means that the childcare providers can be represented by the SEIU even if they don't pay union dues. This is what D'Agostino and her companions are challenging. They, however, felt that the appeals court may wait for the Supreme Court's decision of a similar case filed by Rebecca Friedrichs and nine other teachers challenging compulsory union payments allowed by California law.

The Guardian reports that powerful anti-union groups and individuals are supporting this battle against the California Teachers Association (CTA). Friedrichs and her co-teachers are being represented by the Center for Individual Rights, a conservative organization with links to billionaire conservatives the Koch brothers.

A 1977 Supreme Court ruling allowed public-sector unions to collect fees from non-union workers as long as the money is not spent on political activities. This is what Friedrich and company are asking the Supreme Court to overturn. Reuters noted that if the CTA loses the case, it would further erode the influence and power of organized labor by allowing public sector workers who are not union members but are forced under state law to pay "agency fees" equivalent to union dues to stop paying this. This would, of course, reduce the income and political clout of public sector unions. Public sector unions shelled out more $1 billion in elections, mostly for Democrats running for office. This is what conservatives are hoping to curtail. 

Friedrichs and these nine other California teachers are suing their union, the CTA, so that they don't have to pay dues. They are not now paying union assessments that go to political activities. However, they are still paying "fair share" dues, the costs of bargaining and negotiations. 

Tags

California Teachers Association, Service Employees International Union, US Supreme Court, United States Supreme Court, SEUI, CTA, public sector union

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