Right of free speech and association trump do not overrule “fair share” obligation to pay union dues

Update – 2016

The United States Supreme Court in Friedrichs v. California Teachers Association, affirmed the lower court’s decision to not overrule Abood v. Board of Education, which held that the First Amendment did not prevent “agency shop” agreements where public employees who do not join the union are required to pay their “fair share” of union dues. Since the March 2016 decision was a 4 to 4 split it had the effect of affirming the Court of Appeals opinion upholding the right to require employees to pay their “fair share” of union dues. It would appear that resolution of this issue, with some sort of finality, will depend upon an appointment of a ninth member to the Court by the next president of the United States.

See Original Post – 2014

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