In the United States, in businesses covered by a collective agreement, employers and unions may decide to impose a union (closed or union shop) or, without forcing them to join, having them take part in funding (agency shop). It is the case in the public sector in California. “Because a public-sector union takes many positions during collective bargaining that have powerful political and civic consequences, the compulsory fees constitute a form of compelled speech and association that imposes a significant impingement on First Amendment rights. Our cases to date have tolerated this “impingement,” reminded the Supreme Court on Thursday, June 21, in a ruling on funding for a local campaign of the Service Employees International Union (SEIU).
sociation that imposes a significant impingement on First Amendment rights. Our cases to date have tolerated this “impingement,” reminded the Supreme Court on Thursday, June 21, in a ruling on funding for a local campaign of the Service Employees International Union (SEIU).
A union advantage seen as an anomaly. The Court judged, “Acceptance of the free-rider argument as a justification for compelling nonmembers to pay a portion of union dues represents something of an anomaly—one that we have fo
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