On March 29, 2016, the Supreme Court of the United States deadlocked in a decision that public-sector unions may collect union fees from employees who choose not to join a union and who do not want to pay for union collective bargaining activities.

In Friedrichs v. California Teachers Association, a group of public school teachers resigned their union membership and objected to paying their portion of the agency fee each year since they were no longer members of the union. The 4-4 decision of the Supreme Court had a result of affirming the notion that forcing non-union teachers to pay agency fees was not a violation of their First and Fourteenth Amendment rights to free speech and association.

The public school teachers in Friedrichs filed a petition to the Court to rehear the case when a ninth Supreme Court justice was appointed, in order to provide a full decision in this matter. On June 28, 2016, the United States Supreme Court denied the public school teachers’ request for a rehearing.

The United States Supreme Court’s denial to rehear this case means that the dispute between these public teachers and the California Teachers Association is over in this particular lawsuit. As a result of the Court’s ruling, public employees who choose not to join an exclusive bargaining unit or majority bargaining unit may still be required financially contribute to that unit.

As always, if you have any questions on this issue, please contact Douglas L. White at (916) 468-0947 doug@whitebrennerllp.com, or Helane S. Seikaly at (916) 458-4963 helane@whitebrennerllp.com.