- Court: United States Supreme Court
- Area(s) of Law: First Amendment
- Date Filed: March 29, 2016
- Case #: 14-915
- Judge(s)/Court Below: Per Curiam
- Full Text Opinion
As the collective bargaining representative for all California public school employees, Respondent is permitted to establish an “agency shop” arrangement that requires Petitioners either join the union or pay the equivalent of dues in an annual fair share service fee. Petitioners argue that the agency shop policy violates the first amendment because it forces employees to either support the union’s political agenda, or affirmatively opt out each year. Petitioners asked the Court to overrule its holding in Abood v. Detroit Board of Education, which held that compelled support of an employee’s collective bargaining representative is constitutional. The district court ruled in favor of Respondents and the Ninth Circuit affirmed. The Supreme Court also affirmed the lower court’s decision by default of an equally divided panel.