Supreme Court deals blow to unions, rules against forced fees for government workers

In a major legal and political defeat for big labor, the Supreme Court ruled 5-4 Wednesday that state government workers cannot be forced to pay so-called “fair share” fees to support collective bargaining and other union activities.

The conservative majority said a union’s contract negotiations over pay and benefits were inextricably linked with its broader political activities, and concluded workers had a limited constitutional right not to underwrite such “speech.” The case specifically examined union fees paid by non-members.

“This procedure violates the First Amendment and cannot continue,” Associate Justice Samuel Alito wrote in the majority opinion. “Neither an agency fee nor any other payment to the union may be deducted from a non-member’s wages, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay.”

While the current case applies only to public-sector employees, the political and financial stakes are potentially huge for the broader American labor union movement, which had been sounding the alarm about the legal fight.

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