US Supreme Court asked to hear challenges to forced union dues

Conservative legal groups filed petitions Monday asking the U.S. Supreme Court to hear cases challenging what they call union-created schemes that violate public workers' First Amendment rights to opt out of dues.

In a joint certiorari petition, which covers four cases brought by California and Oregon public workers, the National Right to Work Legal Defense Foundation challenges what it calls "escape period" schemes that limit the time in which public servants can exercise their right to end union dues deductions.

"Many of these public servants disagree with the ever-increasing, left-wing, union positions, such as defunding the police or teaching critical race theory in elementary schools, or did not realize they had the option never to join in the first place," Freedom Foundation Chief Litigation Counsel Eric Stahlfeld said in a statement. "It is unconscionable for the unions to continue taking money to promote their objectionable speech and political objectives."

In 2018, the high court held in Janus v. AFSCME that under the First Amendment, nonunion government employees cannot be required to pay fees to labor unions. Following the decisions, legal groups such as the Freedom Foundation and the National Right to Work Legal Defense Foundation filed lawsuits challenging the constitutionality of collective bargaining agreements that restrict the terms under which union members can resign their membership and cease paying dues. Janus v. AFSCME, 2018 DJDAR 6308.

In one of the four cases for which the foundation seeks review, Mendez v. California Teachers Association, a class of public workers stated they validly revoked their union membership and disavowed their obligation to pay dues. They argued that the state's deduction of union dues without a valid waiver of constitutional rights, as required by Janus, violated their First Amendment right by compelling them to support union speech and activities.

However, U.S. District Judge Yvonne G. Rogers of Oakland sided with the teachers union to dismiss the lawsuit, finding the plaintiffs were obligated to pay dues even if they withdrew from union membership. Being union members, as opposed to nonunion member state employees, their dues-paying obligations are pursuant to contract, not state law, Rogers ruled. A panel from the 9th U.S. Circuit Court of Appeals affirmed.

The Supreme Court will likely consider on Nov. 1 whether or not to hear any of the four cases. The foundation faces tough odds, considering the high court denied review of a similar case, Belgau v. Inslee, in June. Like Mendez, the 9th circuit in Belgau, affirmed a district court's ruling to dismiss the suit, finding the public sector unions and Washington state did not violate the First Amendment in collective bargaining agreements because employees affirmatively consented to deduction of union dues.

Nonetheless, National Right to Work Foundation Vice President Patrick Semmens said Monday the justices were crystal clear in Janus when they said public employees have a First Amendment right to not to subsidize any union activities.

"Despite this, public sector union bosses continue the widespread use of 'escape periods' and other schemes designed to block workers from exercising that constitutional right, which is why so many workers are now asking the justices to take up this issue and fully enforce their First Amendment protections," he said.

Attorneys representing the teachers union in Mendez were unavailable to comment, Monday.