Teacher in union case headed to Supreme Court

A local teacher could make history in his fight against the California Teachers Association.

Harlan Elrich, a math teacher at Sanger Unified School District, is one of 10 teachers across the state taking the union to court in an attempt to strike down laws that require nonunion members to pay fees.

The U.S. Supreme Court announced earlier this week that it will hear the high-profile case during its next term, which starts in October, and its outcome could weaken public sector unions across the country.

The main plaintiff is Rebecca Friedrichs, a teacher in Anaheim, who opposes paying teacher association dues that are mandatory in California. State law requires every teacher working in most of its public schools to contribute financially to a local teachers union — even if they aren’t a member — in order to subsidize costs that support the union’s work toward providing protection for all employees.

Friedrichs v. CTA is challenging a decades-old Supreme Court decision that ruled that these mandatory payments do not violate free speech laws and that nonunion members should pay their fair share since they benefit from unions’ collective bargaining work.

California law allows teachers to opt out of some of the dues that support political lobbying, but they’re still required by law to pay other fees. The total union fee for a full-time teacher in California is typically more than $1,000, according to the lawsuit.

Like Friedrichs, Elrich believes the current union laws directly violate his First Amendment rights. Elrich was once a member of CTA, but in 2012 he resigned his union membership after realizing he disagreed with many of the organization’s public policy positions.

“I got a phone call around election time a few years ago and they were asking if I would vote a certain way, and for every single question they asked me, I said no,” Elrich said Thursday. “At that point, I realized I’ve got to get out of the union.”

Elrich, a Fresnan who has worked as a public school teacher for nearly 30 years, said joining the suit was an easy decision. His main concern is for new teachers who are looking for professional support and think the union is their only option.

“When I heard about the lawsuit, I jumped on board quickly because I knew there was a lot of people out there feeling the same way as me,” Elrich said. “I think all young teachers getting into the profession are told horror stories of what could happen, so everyone is looking for that legal backing that the union promises. Young teachers are reaching out for protection.”

Elrich says he believes most teachers join a union for benefits like insurance or legal representation, but there are other outlets. He joined Christian Education Association International — also listed as a plaintiff in the case — “which provides me with all the same benefits for a whole lot less money,” he said.

“As far as the support that the union offers, I don’t see that as something critical. The support that most teachers want is more localized, like offering support for new teachers in the classroom in their quest to become the best teachers they can be,” Elrich said. “I think we need to, as veteran teachers, rally around our new teachers and support them right where they’re at. And I don’t think that the union does any of that.”

Frank Wells, a spokesman for CTA, said Thursday that people have different reasons for joining the union.

“Many of our locals have strong teacher support programs,” he said. “It’s shortsighted to think that that’s the only reason people join.”

Wells said it’s difficult to speculate about the impact on the organization if the Supreme Court rules in favor of the plaintiffs. CTA has more than 300,000 union members, in addition to more than 30,000 nonmembers who currently pay fees.

“It’s definitely a concern, but in the life before [mandatory fees], we had a healthy membership,” Wells said. “We’re not concerned the union’s power would be gutted…that type of thing wouldn’t be happening in this case, because it’s dealing with a very specific issue, which is about paying fees.”

Terry Pell, an attorney with the Center for Individual Rights who is helping represent the 10 teachers, said a verdict in their favor would reach far beyond teachers in classrooms. The country remains divided on the union fee issue, with 25 states passing right-to-work laws that forbid workers from being financially obligated to unions.

“What we’re saying is compulsory union fees for public employees violate the Constitution, so this would be a single, nationwide ruling that would strike down laws in 25 states with a stroke of a pen,” Pell said.

In a joint statement, the National Education Association and the American Federation of Teachers, said that the Supreme Court has chosen to revisit a decision that was made to support teachers’ voices and provide better public services.

This story was originally published July 2, 2015 at 4:27 PM with the headline "Teacher in union case headed to Supreme Court."