‘Fair Share' Fees Survive Supreme Court Challenge

The article, “‘Fair Share’ Fees Survive Supreme Court Challenge,” featured in Law Week Colorado, discussed why the Friedrichs v. California Teachers Association might end up being remembered as the public union sea change that wasn’t.

“We’re seeing what not having a ninth justice can do,” said Todd Fredrickson. “This decision, at least for the time being, only serves to embolden public sector unions.”

Some public employers thought Friedrichs might spell the end of some collective bargaining agreements, Todd said. Had the court decided against the California Teachers Association, there could have been a movement to unwind some public sector unions, starting with the workers who are fee payers but not union members, he added.

“Not all CBAs are created equal,” he said. Some public unions, like those in law enforcement and fire departments, would have been more resistant to the loss of agency shop fees because they have a high incidence of union membership as opposed to nonmembership.

To read the full article, please visit Law Week Colorado [subscription required].