Unions file respondents’ brief in Supreme Court case that threatens working families
Friedrichs v. CTA seeks to undermine public-sector collective bargaining
WASHINGTON - November 06, 2015 -
The National Education Association and the California Teachers Association, together with a number of unions, today filed the union respondents’ brief with the U.S. Supreme Court in Friedrichs v. California Teachers Association, a case backed by corporate special interests who are pushing their own agenda by asking the Court to overrule the sound law of Abood v. Detroit Board of Education.
In their brief, the unions argue that the rule established by Abood is constitutional and a common-sense principle that supports the rights of workers to come together, speak up and get ahead. Where employees have chosen to elect a union to represent them, employers have a strong interest in ensuring that all employees contribute their fair share of the costs of that representation. Everyone who benefits from a negotiated contract should contribute to the costs of securing that contract.
“Everyone who works should be able to make ends meet, have a say about their futures, and have the right to negotiate together for better wages and benefits that can sustain their family,” said NEA President Lily Eskelsen García. “Fair share fees allow Americans to have better public services, stronger public schools and more vibrant communities.”
Strong collective bargaining relationships support high-quality public schools and services. Maryland’s Montgomery County serves as an example where labor-management relations are strong and its public schools are leading the nation.
“By standing together with my fellow teachers, we have been able to address issues such as funding sources and classroom sizes,” said Ambereen Khan-Baker, an Advance Placement English teacher from Rockville, Md. “In Montgomery County, our union collaborates directly with the superintendent to ensure that cuts made in our system are far removed from the classroom. The superintendent, along with the three unions in our county, actually all sit at the table together to create a budget each year that tries to keep necessary cuts away from directly impacting students. This collective action benefits my students.”
The thumbprints of those behind Friedrichs are evident and unmistakable.
“This case is really about corporate interests who are attempting to tip the balance of power in their favor,” said CTA President Eric C. Heins. “Our economic rules unfairly favor corporate CEOs and the rich because they manipulate the rules in their favor. And now this case is asking the U.S. Supreme Court to turn back and unravel constitutional decisions that have helped working families for nearly 40 years.”
The case is being heard by the Supreme Court at a time when Americans are experiencing an economy that has swung sharply out of balance. If the court bans fair share, it will make it more difficult for teachers, firefighters and nurses to negotiate for wages, benefits and improved public services.
“There is so much more to my job than aiding a teacher,” said Marla Lipkin, a paraprofessional from Fairless Hills, Penn. “For those of us who are educators, having a union is even more important because when I speak up for what my students need, my voice is amplified even louder.”
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The National Education Association is the nation’s largest professional organization, representing nearly 3 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators and students preparing to become teachers. Learn more at www.nea.org.
Contact: Staci Maiers, NEA Communications
202-270-5333 cell, smaiers@nea.org
In their own words: member stories
brief: union respondents
BRIEF: attorney general of CALIFORNIA
amici cureia
- Brief of National Women's Law Center, The Leadership Conference on Civil and Human Rights, and 70 Additional Organizations Committed to Civil Rights and Economic Opportunity as Amici Curiea in Support of Respondents (PDF)
- Brief of the American Federation of Labor and Congress and the American Federation of State, County and Municipal Employees as Amici Curiae in Support of Respondents (PDF)
- Brief of School Districts as Amici Curiae in Support of Respondents (PDF)
- Brief of American Federation of Teachers and American Association of University Professors as Amicus Curiae in Support of Respondents (PDF)
- Brief in Support of Cities, Counties, and Elected Officials as Amici Curiae in Support of Respondents (PDF)
- Brief of Steve Bullock, Governor of Montana, as Amici Curiae in Support of Respondents (PDF)
- Brief for the City of New York as Amicus Curiae in Support of Respondents (PDF)
- Brief of the New York City Municipal Labor Committee as Amicus Curiae in Support of Respondents (PDF)
- Brief for the State of New York, Alaska, Connecticut, Delaware, Maine, Maryland, Massachussetts, Minnesota, Missouri, New Hampshire, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and Washington, and the District of Columbia as Amici Curiae in Support of Respondents (PDF)
- Brief of the International Association of Fire Fighters as Amicus Curiae in Support of Respondents (PDF)
- Brief of the National Fraternal Order of Police, as Amicus Curiae in Support of Respondents (PDF)
- Brief of 21 Past Presidents of the D.C. Bar as Amici Curiae Supporting Respondents (PDF)
- Brief of Republican Current and Former Members of State Legislatures and Congress as Amici Curiae in Support of Respndents (PDF)
- Brief of Constitutional Law Scholars as Amici Curiae in Support of Respondents (PDF)
- Brief of Professors Cynthia L. Estlund, Samuel Estreicher, Julius G. Getman, William B. Gould IV, Michael C. Harper, Stewart J, Schwab and Theodore J. St. Antoine, as Amici Curiae in Support of Respondents (PDF)
- Brief of Amici Curiae in Support of Respondents (PDF)
- Brief of Labor Law & Labor Relations Professors in Support of Respondents (PDF)
- Brief for the Unites States as Amicus Curiae Supporting Respondents (PDF)
- Brief Amici Curiae of Los Angeles County's Department of Health Services, NYC Health + Hospitals, and Service Employees International Union Supporting Respondents (PDF)
- Brief of Amici Curiae National Council on Teacher Retirement and the National Conference on Public Employee Reitrement Systems in Support of Responents (PDF)
- Brief for Amici Curiae Peace Officers Research Association of California, Peace Officers Research Association of California Legal Defense Fund, National Association of Police Organizations, and Nine Statewide or Local-Level Public Safety Unions, in Support of Respndents (PDF)
- Brief of Amici Social Scientists in Supoort of Respondents (PDF)
- Brief of Corporate Law Professors as Amici Curiae in Support of Respondents (PDF)