Andrew Strom is Associate General Counsel of SEIU Local 32BJ.
Almost forty years ago, in Abood v. Detroit Bd. of Ed., the Supreme Court held that public sector employees cannot be required to pay union dues as a condition of maintaining their employment, but they can be required to pay fair share fees to cover the cost of negotiating and enforcing collective bargaining agreements. Then, last year, in Harris v. Quinn, the Court carved out an exception to this rule for home care workers on the grounds that they were not “full-fledged public employees,” and at the same time, the Court majority described this previously settled body of law as “questionable on several grounds.”
Emboldened by Harris v. Quinn, the plaintiffs in Friedrichs v. California Teachers Assn. are asking the Court to overturn Abood, and hold that a state violates the First Amendment rights of workers even by…
View original post 653 more words