The plaintiffs in Friedrichs v. California Teachers Association
have requested that the Supreme Court grant them a new hearing, saying
the case's issue, the constitutionality of mandatory union fees for
workers in public-sector unions, was too important to leave unresolved
after a divided court failed to reach a verdict late last month.
"To leave the questions presented unresolved would needlessly
prolong the prevailing uncertainty on issues that recur constantly and
that affect millions of public employees in the more than 20 states that
allow agency fees. Moreover, the schemes at issue implicate hundreds of
millions of dollars flowing to organizations that spend those dollars
advocating on matters of clear public concern," the 11 plaintiffs argued in a Friday petition.
The high-profile case involved whether the court should overturn a 1977 precedent called Abood v. Detroit Board of Education
that said that government entities could enter into labor contracts
that require their workers to have to join a union or pay it a regular
fee, called an "agency fee." The plaintiffs in Friedrichs argued that violated dissenting workers' rights.
The court's oral arguments in January indicated there may have been a majority to overturn Abood,
which would have been a major blow to public-sector unions by depriving
them a major revenue source. That apparently changed when Antonin
Scalia, the court's leading conservative, suddenly died in February.
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