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California Municipal Law Blog
category:
U.S. Supreme Court

Supreme Court Divides Equally Over Union Fees Case

by on March 29, 2016

posted in Employment Law, Recent Court Decisions, U.S. Supreme Court, Unions,

Previously we wrote about Friedrichs v. California Teachers Association (a link to our previous article is here), a case involving whether public-sector union fair share arrangements are invalid because they violate individual first amendment rights. Today, the Supreme court divided equally in deciding the case and issued a one-sentence decision affirming the Appellate Court decision and leaving earlier precedent, including the Abood case intact (as criticized as it has become.)  The case was decided by an eight-member Court, which could have held the case over for re-argument after confirmation ... Continue Reading

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tags: Abood Case, California Teachers Association, Fair Share Arrangements, Friedrichs, Ninth Circuit, Union Shop,

Supreme Court to Hear Oral Argument in Case Involving Union Fees for Public-Sector Employees

by on January 11, 2016

posted in U.S. Supreme Court, Unions,

Today, the U.S. Supreme Court is set to hear oral argument in Friedrichs v. California Teachers Association, Docket No. 14-915, a case in which the Court will be asked to decide whether “agency shop” arrangements violate the First Amendment rights of public-sector school employees on the premise that a public-sector unions’ activities are inseparably integrated into political speech. “Agency shop” is a permitted arrangement under California law whereby a union can charge non-members a fee, sometimes called an “agency fee” or “fair share fee” for negotiation and representation ... Continue Reading

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tags: Agency Fees, Agency Shop, Dills Act, Employer-Employee Relations Act, Higher Education Employer-Employee Relations Act, Meyers Milias Brown Act, Transit Employer-Employee Relations Act, Trial Court Employee Protection & Governance Act, Trial Court Interpreter Employment and Labor Relations Act, Union Dues,