Supreme Court case could undercut public sector union power

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[January 11, 2016]  By Lawrence Hurley
 
 WASHINGTON (Reuters) - The U.S. Supreme Court will take up a legal dispute on Monday involving 10 non-union California school teachers who object to paying fees to finance collective bargaining in a case that could undercut the power of public sector unions.

U.S. conservatives have long sought to curb the influence of public sector unions representing employees like police, firefighters and teachers that often support the Democratic Party and liberal causes. The case coming before the nine justices was spearheaded by a conservative group called the Center for Individual Rights.

The dispute pits the 10 teachers and the Christian Educators Association International against the California Teachers Association, an influential union with 325,000 members.

The case could erode organized labor's influence by allowing public sector workers who are not union members but are forced under state law to pay "agency fees" equivalent to union dues to stop providing this money. This would reduce the income and political clout of public sector unions.

Such a ruling would apply in the 25 U.S. states that do not already have what is known as "right-to-work" laws that prohibit workers from being forced to pay fees to a union.

A ruling in favor of the non-union teachers would be a blow to organized labor because unionized teachers and other civil servants in states without right-to-work laws comprise its main power base.

The 10 teachers assert that California law violates non-union workers' free-speech rights under the U.S. Constitution's First Amendment by requiring them to pay the "agency fees" toward collective bargaining activities.

Those teachers are asking the justices to overturn a 1977 Supreme Court ruling in the case Abood v. Detroit Board of Education that allowed public sector unions to collect fees from workers who do not want representation as long as the money is not spent on political activities.

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The teachers union noted that state law requires the union to represent all workers during collective bargaining, the process in which unions negotiate contracts with employers on behalf of employees, regardless of whether they are members.

Among public sector workers, 35.7 percent belong to unions, compared to 6.6 percent in the private sector, according to the U.S. Bureau of Labor Statistics. Roughly three-quarters of the estimated 7.2 million public sector union members are in states without "right-to-work" laws.

A ruling in the case is due by the end of June.

(Reporting by Lawrence Hurley; Editing by Will Dunham)

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