Source: Brian J. McKenna and Nancy K. McKenna Labor Law Journal, Spring 2016
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On June 30, 2015, the United States Supreme Court granted the Petition for Writ of Certiorari in the case of Friedrichs v. California Teachers Association, the third constitutional challenge in the last three years to the legality of mandatory union dues imposed upon nonmember public-sector employees. This article will examine the primary issue raised in the Friedrichs case: whether the First Amendment permits a State to compel state employees to subsidize speech on matters of public concern by a union that they do not wish to join or support. This article will not address the second issue raised in the case involving the opt-out procedures utilized in California for nonmembers requesting a refund of nonchargeable expenditures. Mandatory union dues also known as fair-share fees, agency-shop provisions or the union security issue.