Avraham Goldstein, a mathematics professor at the City University of New York (CUNY), has taken a significant step in challenging forced union association. In 2022, Goldstein and several colleagues filed a federal lawsuit against the Professional Staff Congress (PSC) union, CUNY, and New York State officials. The lawsuit contests the state’s “Taylor Law,” which allows unions to represent all public sector workers, including those who do not wish to be associated with them.
The case is now being brought before the U.S. Supreme Court by staff attorneys from the National Right to Work Foundation and The Fairness Center. They seek clarification that the First Amendment protects public sector workers from being represented by unions they oppose. “The core issue in this case is straightforward: can the government force Jewish professors to accept the representation of an advocacy group they rightly consider to be anti-Semitic? The answer plainly should be ‘no,’” states their petition.
The original complaint highlighted discriminatory actions by union members, including a June 2021 resolution viewed as “anti-Semitic, anti-Jewish, and anti-Israel.” Professor Michael Goldstein reported facing harassment and threats due to his opposition to PSC. Another professor, Jeffrey Lax, received confirmation from the Equal Employment Opportunity Commission (EEOC) of discrimination based on religion.
National Right to Work Foundation President Mark Mix commented on the situation: “New York’s legal scheme forces these CUNY professors to associate with union officials who insult their identity and create a work environment rife with bullying and harassment. It’s high time that the Justices finally acknowledge the First Amendment protects government employees from being forced to accept political ‘representation’ they adamantly oppose.”
This landmark case could set a precedent for how public sector workers are represented by unions in relation to their First Amendment rights.
