1. www.hbsslaw.com SEATTLE BOSTON CHICAGO COLORADO SPRINGS LOS ANGELES NEW YORK PHOENIX SAN DIEGO SAN FRANCISCO WASHINGTON, D.C. 1 A “mortal blow” to Unions? Friedrichs v. California Teacher’s Association Implications of the Pending United States Supreme Court Decision

2. www.hbsslaw.com SEATTLE BOSTON CHICAGO COLORADO SPRINGS LOS ANGELES NEW YORK PHOENIX SAN DIEGO SAN FRANCISCO WASHINGTON, D.C. 2 Abood v. Detroit Board of Education (1977) States are free to adopt “agency shop” model of labor relations. Balancing First Amendment rights of non-members against the benefit to the state of working with one union as sole bargaining agent. Recognized that “free-riding” would diminish a union’s strength.

3. www.hbsslaw.com SEATTLE BOSTON CHICAGO COLORADO SPRINGS LOS ANGELES NEW YORK PHOENIX SAN DIEGO SAN FRANCISCO WASHINGTON, D.C. 3 Friedrichs v. California Teacher’s Association Facts: 325,000 members in the California Teacher’s Association – 90% of the state’s teachers. Union dues of just over $1000 per year. Agency fee dues of around $600 per year. The case sped through the lower courts, sponsored by conservative legal groups and organizations.

4. www.hbsslaw.com SEATTLE BOSTON CHICAGO COLORADO SPRINGS LOS ANGELES NEW YORK PHOENIX SAN DIEGO SAN FRANCISCO WASHINGTON, D.C. 4 Friedrichs v. California Teacher’s Association Petitioners’ Arguments: Any collective bargaining that involves government employers is inherently political. The ‘free-rider’ concern is overblown – teachers might opt out for many reasons, not only for financial ones. The unions will continue to thrive even without agency fees.

5. www.hbsslaw.com SEATTLE BOSTON CHICAGO COLORADO SPRINGS LOS ANGELES NEW YORK PHOENIX SAN DIEGO SAN FRANCISCO WASHINGTON, D.C. 5 Friedrichs v. California Teacher’s Association Respondents’ Arguments: Court must look to stare decisis – do not overrule a case on which so many rely. States need to manage their workplace operations, which outweighs small impingement on speech. Non-union members can exercise their free speech rights in other ways.

6. www.hbsslaw.com SEATTLE BOSTON CHICAGO COLORADO SPRINGS LOS ANGELES NEW YORK PHOENIX SAN DIEGO SAN FRANCISCO WASHINGTON, D.C. 6 Friedrichs v. California Teacher’s Association Oral Argument and Implications: Court looks divided conservative v. liberal. A decision for Friedrichs may cause decline in public union membership and efficacy. There could be ripple effects in private sector. Worst case scenario, there is a diminishment of labor power in the United States.