Yesterday, the Supreme Court heard oral arguments in Janus v. AFSCME, an attack by wealthy, anti-union organizations on the voice of working people and their ability to negotiate collectively.

People from around the country rallied at the Court to let the world know that, regardless of the outcome of the Janus case, we will continue to organize for the public good and for our rights. This followed the Working People’s Day of Action over the weekend, which called attention to our rigged economy and the need to defend our rights at work. It marked the fifty-year anniversary of protests by Memphis sanitation workers and Dr. Martin Luther King Jr. against discrimination, low pay, and inhumane conditions that led to worker deaths. Share the graphic above  on Facebook and spread the word.

The AAUP supports the right of working people, including faculty, to join together in unions as well as in traditional nonunionized AAUP chapters. Our collective voice is a powerful force to set standards and create better workplaces. Together, we fight for higher education and the critical role it plays in this country. Together, we defend academic freedom, shared governance, and due process protections. Standing together also makes it possible for us to negotiate affordable healthcare, a fair return on our work, and the ability to retire with dignity.

At issue in Janus is whether non-union members, who share in the wages, benefits and protections that have been negotiated into a collectively bargained contract, may be required to pay their fair share for the cost of those negotiations. Learn more about the Janus case and the amicus brief we filed.

Yesterday's oral argument went largely as expected. Many of the justices sharply questioned the attorneys. Justices Sotomayor, Breyer, Ginsburg, and Kagan generally asked questions and advanced arguments that were supportive of the constitutionality of fair-share fees, pointing to their benefits and to the fact that unions and others had relied on the prior decisions of the Court. Justices Kennedy, Alito, and Roberts took the opposite approach. Justice Kennedy seemed particularly hostile, asserting that unions compel nonmembers to subsidize their political speech.

Because none of the justices appeared to depart from their expected position, today’s oral argument reinforced the view that the Court will rule against us.

AAUP members are sticking together as One Faculty, One Resistance to fight for our collective voice, to promote safe and challenging learning environments, and to defend the important role our universities play in advancing the public good.

Thanks for standing with us.

In unity,
Rudy Fichtenbaum, President, AAUP
Paul Davis, Chair, AAUP Collective Bargaining Congress

On June 30,  the Supreme Court granted certiorari, and thereby agreed to hear an appeal, in a case titled Friedrichs v. California Teachers Association. Friedrichs raises questions regarding whether and under what circumstances agency fee is constitutional in the public sector. Agency fee has been deemed constitutional since the Supreme Court’s 1977 decision in Abood v. Detroit Board of Education. Last year in Harris v. Quinn, the Supreme Court declined to overrule Abood, though it raised questions regarding its vitality. The Supreme Court will issue a decision in Friedrichs during the 2015–16 term, most likely in the spring or summer of 2016. A decision in Friedrichs could prohibit agency fee for public sector unions.
 
We will be watching this case closely and will keep our collective bargaining chapters informed of important developments. We are disappointed that the Supreme Court decided to hear this case. We hope for the best outcome—an affirmation from the Supreme Court of the constitutionality of charging all bargaining unit members for the costs of representing them. But we must also be prepared for an unfavorable ruling, and we will be ready to act. The best defense against an unfavorable outcome is wall-to-wall membership, and the best preparation for an uncertain future is to build strong unions that can stand up for public higher education for the common good.
 
The Supreme Court's decision to hear this case demonstrates that we must effectively engage all of our members, so they understand the importance of collective bargaining in protecting academic freedom, shared governance, and economic security. In addition, we need to continue building alliances and working with other unions and organizations that share our values, and we must become more active in the political arena.
 
We will continue to work on these goals with you. The AAUP and AAUP-CBC will stand with all of labor in supporting union democracy. In addition, we will work with other unions to contribute to arguments, including amicus briefs, that support the constitutionality of agency fee. 
 
Rudy Fichtenbaum, President, AAUP
 
Howard Bunsis, Chair, AAUP-CBC

The mission of the AAUP is to advance academic freedom and shared governance; to define fundamental professional values and standards for higher education; to promote the economic security of faculty, academic professionals, graduate students, post-doctoral fellows, and all those engaged in teaching and research in higher education; to help the higher education community organize to make our goals a reality; and to ensure higher education's contribution to the common good.
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