Employees Sue to Enforce Right Not to Join Union

Employees Sue to Enforce Right Not to Join Union
Teamsters march on May Day in Los Angeles on May 1, 2018. David McNew/Getty Images
Matthew Vadum
Updated:

Two state university employees are suing California and the Teamsters union in federal court to strike down a state law they say violates their constitutional right not to join a labor union.

In its landmark 2018 ruling in Janus v. AFSCME, the Supreme Court held that public workers have a constitutionally protected right to refuse to join or subsidize a union. This means that because all activities by these government unions are considered to be inherently political, including collective bargaining, such employees enjoy a First Amendment right to decide whether they should support unions and pay for their activities.