Submission Title

Friedrichs v. California Teachers Association: Reexamining the Constitutionality of the Agency Shop

Presenter Information

Caleb Mathena, Whitworth University

Session Number

RS11

Location

Robinson 141

Abstract Number

RS11-f

Abstract

This paper examines the constitutionality of agency shop agreements between public sector labor unions and employers through the lens of a current case before the Supreme Court, Friedrichs v. California Teachers Association. It contains original research on the history and precedent behind the issue, which is discussed and cited to answer the question of whether the agency shop, which requires those who opt out of union membership to pay a service fee, unjustifiably infringes upon First Amendment rights to free speech and association. In order to determine what the Court will decide on this issue, this paper analyzes each justice’s stance and past opinions and gives a prediction as to how each will vote.

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Apr 23rd, 3:15 PM Apr 23rd, 4:45 PM

Friedrichs v. California Teachers Association: Reexamining the Constitutionality of the Agency Shop

Robinson 141

This paper examines the constitutionality of agency shop agreements between public sector labor unions and employers through the lens of a current case before the Supreme Court, Friedrichs v. California Teachers Association. It contains original research on the history and precedent behind the issue, which is discussed and cited to answer the question of whether the agency shop, which requires those who opt out of union membership to pay a service fee, unjustifiably infringes upon First Amendment rights to free speech and association. In order to determine what the Court will decide on this issue, this paper analyzes each justice’s stance and past opinions and gives a prediction as to how each will vote.