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Expert Analysis

The High Court's Debate Over 'Fair Share' Union Fees

Law360, New York ( February 3, 2016, 3:06 PM EST) -- Friedrichs v. California Teachers Association, argued on Jan. 11, 2016, is one of those U. S. Supreme Court cases in which important constitutional principles are inseparably entwined with matters of public policy and pure politics. At issue in Friedrichs is the constitutionality of the "agency," or "fair share," fee charged by a union to nonmember, public sector employees that it represents. Under current law, and in those states that do not have an applicable right-to-work law, employees that choose to not be a union member may still be charged for the collective bargaining services that the union provides to the bargaining unit to which such employees belong. . . .

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