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Supreme Court’s Ruling in Friedrichs Stands and Fair Share Fees Survive – For Now

   Published on:  28 Jun, 2016

On Tuesday, June 28, 2016, the U.S. Supreme Court denied a petition for rehearing filed by the California Teachers Association, as we predicted. Petitioner filed its April 8, 2016 petition shortly after the Court’s one-page opinion per curiam that affirmed the lower court’s judgment by an equally divided Court. The Supreme Court rescheduled consideration of the rehearing petition at conference on several occasions until finally issuing its denial at the last conference of the U.S. Supreme Court’s just-ended term. The Court’s brief order said only “The petition for rehearing is denied.”

For the time being, the high court’s 1977 decision in Abood v. Detroit Board of Education will remain precedent, which allows public employers to require all employees — both union and nonunion members — to pay fees to unions, so long as workers are not forced to pay a portion of the fees that covers political or ideological activities.

We await the appointment of Justice Scalia’s replacement and the next challenge to Abood and agency fees.

If you have any questions, please contact Gary Messing at gary@majlabor.com.