Guest Post: Do Arguments Against Fair Share Fees Make it Harder for the Government to Privatize Services?


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…

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About @NatM4Equity

The National Mobilization for Equity is a coalition of organizations committed to alleviating the present staffing crisis in higher education: three-quarters of the teaching jobs in American colleges are held by underpaid, precarious and poorly-supported contingent faculty. Our long-term goal is to end contingency as the norm. The current untenable situation not only adversely affects all faculty members, both contingent and tenure-track, it also negatively impacts our profession, our students and the quality of their education.

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