AEI: On Monday, the US Supreme Court heard oral arguments in Friedrichs v. California Teachers Association. Rebecca Friedrichs, the plaintiff, is a 28-year-old public school teacher in southern California, and is joined by nine other teachers as well as the Christian Educators Association International. In April 2013, the plaintiffs filed a lawsuit against the 300,000-member California Teachers Association (CTA) to challenge the use of “agency fees” and its effects on two principles of the First Amendment: freedom of speech and freedom of association.In the state of California, once a union wins the right to become an exclusive bargaining representative for employees in a district — teachers in this case — all employees “shall, as a condition of continued employment, be required either to join the recognized employee organization or pay the fair share service fee.” The “fair share service fee” is what teachers must pay to the union for services it renders on behalf of all teachers: members and nonmembers alike. There are at least 21 fair-share states. Even teachers who do not choose to join the union, including Rebecca Friedrichs, must pay an agency fee to CTA. What do non-union members get for this agency fee?
In California, and according to Constitutional rulings, then state politicians have the right to charge taxes. Why is the teachers fee not considered a legal tax? Remember, California politicians have the right to deny San Diegans the right to a direct democracy on pensions benefits.
The claim here is free speech, an individual right protected from states rights. But teacher unions are officially part of state government in all bur deed. Unions thus have the right to impose taxes at will in California, and in Illinois evidently. If Californians do n ot like union dictates then they should vote differently.
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