WASHINGTON — The Supreme Court appears ready to deliver a major setback to American unions as it considers scrapping a four-decade precedent that lets public-sector labor organizations collect fees from workers who decline to join.
During oral arguments Monday, the high court’s conservative justices seemed likely to side with a group of California teachers that says those mandatory fees violate the free-speech rights of workers who disagree with a union’s positions.
Labor officials fear unions’ very existence could be threatened if workers are allowed to get all the benefits of representation without at least paying fees to cover the costs of collective bargaining.
The case affects more than 5 million workers in 23 states and Washington, D.C.
Justice Anthony Kennedy rejected arguments by lawyers for the state of California and the California Teachers Association that the current fee system is needed to prevent nonmembers from becoming “free riders” — workers who reap the rewards of union bargaining and grievance procedures without paying for it.
“The union basically is making these teachers compelled riders for issues on which they strongly disagree,” Kennedy said.
Some justices were more sympathetic to the unions. Elena Kagan warned that the challengers “come here with a heavy burden” to overturn a nearly 40-year-old case on which thousands of contracts and millions of employees rely.
The group of 10 teachers that filed the challenge wants the high court to overturn a 1977 case that allows public unions to collect money from members and nonmembers alike, as long as the funds aren’t spent for political action. The court in that case, Abood vs. Detroit Board of Education, said the arrangement was justified to prevent nonmembers from becoming free riders.
A federal district court ruled against the teachers, saying the outcome was clear under Abood. The 9th U.S. Circuit Court of Appeals affirmed. A decision in the case is expected by late June.
