U.S. Supreme Court to consider major erosion of workers’ rights

On January 11, the U.S. Supreme Court is scheduled to hear arguments in a case that could dramatically erode the ability of public-sector unions to fight for better wages and working conditions for their members. The case, called Friedrichs v. California Teachers Association, seeks to eliminate “fair share membership” for public employees, including Washington State Nurses Association members at public hospitals and facilities around the state.

“The Friedrichs case is one of the greatest threats to organized nursing that I have seen in my decades of work at both the state and national level,” said Judy Huntington, Executive Director of the Washington State Nurses Association. “The nurses we represent are hard-working professionals who have banded together to collectively fight for themselves and their patients. Through the collective-bargaining process, nurses work to ensure there are enough nurses to safely care for patients and that they have the right equipment to do their job. Friedrichs will only make it harder for nurses to speak up and advocate for the patients they care for every day.”

The Supreme Court’s decision, expected in June, could change the way all public-sector unions operate. The case challenges a 1977 U.S. Supreme Court decision in a case called Abood v. Detroit Board of Education that created the fair share membership system that has been in place for nearly 40 years. In collective-bargaining agreements with a union membership requirement, the employees have the options of paying full union dues or opting to pay a reduced fee that covers collective bargaining and workplace representation only, known as “agency fees.”

The plaintiffs, supported by the conservative Center for Individual Rights, argues that individual employees should not be compelled to pay any fee at all because the fees are a violation of their First Amendment rights. The AFL-CIO and unions across the country disagree.

The simple truth is that right now no one is required to join a union and nothing in this case will change that. The Friedrichs case is only the latest in a string of attacks against unions by wealthy special interests and organizations like the Center for Individual Rights and the Freedom Foundation that want to make it harder for working people to come together, speak up and get ahead.

The American Federation of Teachers, with which WSNA is affiliated, filed an amicus brief in the case along with the American Association of University Professors. AFT President Randi Weingarten said:

"We are the object of unrelenting attacks. The U.S. Supreme Court case Friedrichs v. California Teachers Association is their latest tactic. Focused exclusively on public service workers – like teachers, nurses and firefighters – the case could undermine unions’ efforts to make our voices heard on issues that affect all of us: working so we can all retire with dignity, holding billionaires accountable for paying their fair share, and making sure employers understand we are working harder and harder just to get by."

As a result of those attacks, about two dozen states have passed so-called “right to work” laws, which mandate that employees don’t have to pay any union dues or fees, whether a union is in their workplace or not. In contrast, Washington was one of 21 states to file an amicus brief opposing Friedrichs and supporting the current fair share membership system for state employees.

The Supreme Court could hand down a range of decisions, including keeping the current system in place, streamlining the process for becoming an agency fee payer, or ending fair share membership entirely.

“We know that in the current environment we need to be in the workplace talking to nurses regularly about the value of WSNA membership and how they can be actively involved in their union,” said Christine Himmelsbach, WSNA’s Assistant Executive Director of Labor Relations. “That’s why WSNA is putting more resources into organizing than ever before and why we will continue to do so, no matter how this case is decided by the U.S. Supreme Court.

America Works Together
This coalition of working people and their allies has background information, news, a petition opposing Friedrichs and more.
Web: http://americaworkstogether.us
Twitter: @amworkstogether