News & Analysis as of

Friedrichs v CA Teachers Association

After Oral Argument: Public Sector “Fair Share Fees” on Thin Ice

by Franczek Radelet P.C. on

As we previously reported, in July 2015, the United States Supreme Court decided to consider the legality of “fair share” fees for public employees....more

The U.S. Supreme Court and the “Fate of the Union”

by Snell & Wilmer on

Recently the Supreme Court heard oral arguments on a matter that could severely impact the status of unions. The dispute will determine whether nonunion employees working in the public sector should have to pay partial union...more

The Survival Of Abood v. Board Of Education, Part 4

by SmithAmundsen LLC on

Just last week on February 26th, the United States Supreme Court heard arguments in Janus v. AFSCME, a case in the Court’s 2017 term with a potential of adversely impacting the viability and influence of public sector unions....more

Gorsuch Restrains His Own Speech In Oral Arguments About Public Sector Union Dues

by Husch Blackwell LLP on

From Justice Kagan’s observation that a decision in favor of the plaintiff could affect millions of public sector workers to Justice Alito’s surprise at seeing a union brief include an argument that the Constitution...more

The U.S. Supreme Court, Unions, And The Future Of Collective Bargaining In The Public Sector

The U.S. Supreme Court will soon hear a case that has the potential to rock the world of unions that represent public sector employees in Rhode Island and throughout the country. The Court will decide whether state...more

Take Two: The Supreme Court Again to Decide the Constitutionality of Public Sector Union “Fair Share Fees”

by Franczek Radelet P.C. on

As we previously reported, in July 2015, the United States Supreme Court decided to hear an appeal of a case from the United States Court of Appeals for the Ninth Circuit regarding the legality of “fair share” fees for public...more

Supreme Court (Once Again) Poised To End Compulsory Union Dues For Public Employees

by Fox Rothschild LLP on

In January of last year, we noted that the U.S. Supreme Court was poised to end compulsory union dues for California teachers and other public employees. Then in February of last year, Justice Antonin Scalia died. In March...more

The Survival of Abood v. Detroit Board of Education, Part 3

by SmithAmundsen LLC on

Exactly a year ago today in what now appears to be a temporary reprieve, the United States Supreme Court issued its decision in Friedrichs v. California Teachers Association. An “equally divided court” affirmed the judgment...more

Public Sector Employees in Three States Sue to Nix Fair Share Fees

by Jackson Lewis P.C. on

Four Pennsylvania school teachers, two Santa Clara Valley Medical Center pharmacists, and three New York school workers have filed separate suits challenging the constitutionality of state requirements permitting the unions...more

New Legal Challenges to Public Union Agency Fees

by Ballard Spahr LLP on

Public employees in three different federal circuits filed lawsuits this week challenging the constitutionality of public unions' right to require nonmembers to pay agency fees (also known as "fair share" fees). The...more

Justice Scalia’s Death Throws SCOTUS Term Into Turmoil

by Fisher Phillips on

A Review Of The 2015-2016 Supreme Court Term - Justice Antonin Scalia’s death created a 4-4 split among liberal and conservative-leaning Justices, rendering tidy scorecards and trends regarding this past Supreme Court...more

July 2016: Appellate Update

The Effects of an Eight-Justice Supreme Court. Since Justice Scalia’s passing in February, the Supreme Court has operated with only eight justices, and it will continue to do so for as long as the Senate declines to consider...more

A Review of the Supreme Court’s 2015 - 2016 Term

by Franczek Radelet P.C. on

Last week, the Supreme Court ended its 2015-2016 session under a cloud of uncertainty. On February 22, 2016, Justice Antonin Scalia, the stalwart of the Court’s conservative wing for 30 years, passed away. Justice Scalia’s...more

California Teachers Seek Rehearing Before Full U.S. Supreme Court Regarding Constitutionality of “Agency Shop” Fees for Non-Union...

by Hirschfeld Kraemer LLP on

Attorneys for the Plaintiff California public sector teachers in the case of Friedrichs v. California Teachers Association have taken the extraordinarily rare step of petitioning the Supreme Court for a rehearing, and have...more

The Employment Law Authority - March/April 2016

A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance...more

Post-Friedrichs, The Agency Fee Ground Is Still Shaking Mightily, But For A Different Reason

Agency fee contract provisions in collective bargaining agreements that require public sector bargaining unit employees, as a condition of employment, to pay the union for the cost of contract administration, grievance...more

Supreme Court Ties Underscore Justice Scalia’s Missing Influence

After the passing of Justice Antonin Scalia, we predicted: “Justice Scalia’s passing will immediately impact several employment-related cases pending before the Court.” Specifically, cases in which Scalia was expected to...more

Workplace Policy Institute Insider Report — April 2016

by Littler on

This month's edition of Littler's Workplace Policy Institute Insider Report includes articles on the Administration's push to finalize rules before the November elections, legislative and litigation steps to thwart those...more

From The Jaws Of Defeat, Public Unions Snatch Lucky Victory

by Foley & Lardner LLP on

For many years, unions representing public employees in a variety of states have continued to require employees to pay union dues even if they have an objection to certain political, lobbying, or other activities the unions...more

Split Supreme Court Upholds Union Agency Fees...for Now

by Hodgson Russ LLP on

On March 29, 2016, the United States Supreme Court affirmed a decision permitting public-sector unions to continue collecting “agency fees” from nonmember workers. This is a major victory for public sector unions, as a...more

Supreme Court Tie Leaves Public Sector Agency Shops In Place...For Now

by Clark Hill PLC on

On March 29, 2016, in Friedrichs v. California Teachers Association, the Supreme Court issued a one-sentence decision affirming, by a 4-4 vote, the Ninth Circuit Court of Appeals' decision in a case challenging the...more

Public Sector Unions Dodge a Bullet on Non-Member Fees

by BakerHostetler on

Public sector union officials and their allies will breathe easier as a challenge to the collection of “agency fees” from non-members was rejected by a deadlocked United States Supreme Court earlier this week. In a per curiam...more

Supreme Court Tie Means That Public Sector Agency Shop Fees Are Still Lawful

On March 29, 2016, the Supreme Court issued a one sentence opinion in the highly publicized case of Friedrichs v. California Teachers Association, stating “[t]he judgment is affirmed by an equally divided Court.” This outcome...more

Divided Supreme Court Allows Public Unions’ Agency Fee Collection to Continue

by Ballard Spahr LLP on

In a much anticipated case, an evenly divided U.S. Supreme Court has issued a per curiam order letting stand a Court of Appeals decision that allows unions to collect dues from public employees, even if those employees do not...more

Supreme Court Upholds The Constitutionality of Public Sector Union “Fair Share Fees”

by Franczek Radelet P.C. on

As we previously reported, in July 2015, the United States Supreme Court decided to hear an appeal of a case from the United States Court of Appeals for the Ninth Circuit regarding the legality of “fair share” fees for public...more

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