The Future of Mandatory Union Dues

Published: July 22, 2016, 4:04 p.m.

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Labor & Employment Law Practice Group Podcast

Friedrichs v. California Teachers Association\\xa0was anticipated to be one of the most significant cases of the Supreme Court\\u2019s term. In\\xa0Friedrichs, the Court was considering whether to overrule its prior decision in\\xa0Abood v. Detroit Board of Education(1977), which held that public employees can be required to financially support union collective-bargaining with government, but not union political activities. In 2014, the Court sharply criticized\\xa0Abood\\u2019s rationales in\\xa0Harris v. Quinn, but stopped short of overruling it.\\xa0Friedrichs\\xa0was primed to be the final word onAbood\\u2019s continuing validity. However, with Justice Scalia\\u2019s passing in February, the Court deadlocked 4-4 in\\xa0Friedrichs, and\\xa0Abood\\xa0remains the law of land.

This Teleforum explored\\xa0the legal landscape post-Friedrichs. This includes the other cases challenging\\xa0Abood\\xa0that are pending in the lower courts, and the legal arguments for and against upholding\\xa0Abood. It also includes cases that concern related matters, such as whether individuals can be required to affirmatively object to paying “non-chargeable\\u201d union dues under\\xa0Abood, and whether individuals who are not full-fledged employees can be included in systems of exclusive representation in the wake of\\xa0Harris.

Featuring:

  • Scott A. Kronland, Partner, Altshuler Berzon LLP\\xa0
  • William Messenger, Staff Attorney, National Right to Work Legal Defense Foundation, Inc.\\xa0
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