For
Immediate Release
Kelly Klass, 609-713-4243
Follow NFIB on Twitter @NFIB
Follow Kelly on Twitter @KellyAKlass
The National Federation of Independent Business (NFIB) supports
California teacher in Supreme Court case challenging compulsory union dues
Washington, D.C., (September 14, 2015) – Employees in the public and private sector who
are forced to join unions and pay dues are stripped of their First Amendment
rights, said the National Federation of Independent
Business (NFIB) in
a brief filed in a US Supreme Court case that has massive national implications
for small businesses.
“The First Amendment protects freedom of association.
Forcing an employee to associate with a union and surrender part of his or her
income to support its political activities is a clear violation of that
constitutional protection,” said Karen Harned, Executive Director of
NFIB’s Small Business Legal Center. “In 21st Century
America, laws that indenture workers to organizations they don’t support is badly
out of place.”
At issue in the case of Rebecca Friedrichs v the California
Teachers Association (CTA) is
whether workers can be legally required to join unions or pay union dues even
if they choose not to become a member. A teacher, Rebecca Friedrichs,
along with ten other plaintiffs, is arguing that she should have the ability to
choose whether to join and fund a union. Friedrichs filed suit after
discovering that her paycheck was lighter because dues were still being
deducted even after she quit the teachers union. California, like many
states, requires workers to pay “agency shop” fees to unions even if they are
not members. Those states argue that non-union workers are still
benefiting from the union’s collective bargaining.
“We could make exactly the same argument,” Harned continued.
“Every business benefits from what we do at the National Federation of
Independent Business, so every business should be forced to join and pay
dues.”
Public Labor Unions have a very large influence in politics and
lobbying, which is funded by union dues. For example, during the 2012
election cycle public labor groups reported donating $53,134,244 with 92 percent of that money
going to one political party.
“What protects the members of virtually every other type of
organization is the voluntary nature of their membership,” said Harned.
“Employees who are forced to participate in politics against their own personal
preferences are forfeiting their constitutional liberties.”
The Supreme Court agreed to hear the case during the fall
session. If the Court rules in favor of the plaintiff, employees
everywhere could opt out of union membership and the obligation to pay dues. NFIB
filed an amicus brief Friday afternoon.
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