California Non-Union Teachers Sue State Unions Over Political Use of Dues

Later this year, Federal Court of Appeal's - Central District will be hearing a lawsuit, "Friedrichs v. California Teachers Association" which will challenge the CTA's practice of automatically deducting $1,000 in dues from every teachers salary (even if the teacher decides not to become a union member). The complaint alleges that the Union's use of compulsory dues to support political positions that the individual teacher does not support, is a violation of a teachers First Amendment rights.

In Knox et al v Service Employees International Union, Local 100, the United States Supreme Court held the following:

"Under California law , public-sector employees in a bargaining unit may decide by majority vote to create an "agency shop" arrangement under which all employees are represented by a single union selected by the majority. While employees in the unit are not required to join the union, they must nevertheless pay the union an annual fee to cover the cost of union services related to collective bargaining (so called chargeable expenses). Our prior cases have recognized that such arrangements represent an "impingement" on the First Amendment Rights of nonmembers. Agency shop arrangements in the public sector raise First Amendment concerns because they force individuals to contribute money to unions as a condition of government employment. Thus in Abood v Detroit, we held that a public sector union, while permitted to bill nonmembers for chargeable expenses, may not require nonmembers to fund its political and idealogical projects." Source: http://www.supremecourt.gov/opinions/11pdf/10-1121c4d6.pdf

This law suit is making its way through the Federal Judicial system. Plaintiff's hope the case will eventually be decided by the United States Supreme Court who's case law has already indicated some concern over the use of compulsory dues to influence legislation and elections. 

The California Teachers Association is now the single most powerful special interest group in the State of California, and the largest financial force in California politics with 325,000 members and $186 million in tax exempt income.

The CTA's financial resources and its influence with the super majority democratic legislature make it possible for CTA and NEA to kill most legislation that would change education policy to favor "what is in the best interest of children" over "what is in the best interest of union members". When money is tight, as it has been for the last 7 years "what is in the best interest of students" is directly ad odds with "what is in the best interest of the Union".  

Sources: 
http://www.city-journal.org/2012/22_2_california-teachers-association.html