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Professors challenge forced union representation at Supreme Court

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James C. Devereaux | Staff Attorney (2020-Present) | NRTWLD&EF, Inc

Avraham Goldstein, a mathematics professor at the City University of New York (CUNY), is leading a significant legal challenge against forced union association. Goldstein, along with other professors, filed a federal lawsuit in 2022 against the Professional Staff Congress (PSC) union, CUNY, and State of New York officials. The lawsuit contests New York State’s “Taylor Law,” which grants unions monopoly bargaining power in the public sector.

The professors are seeking intervention from the U.S. Supreme Court to clarify that the First Amendment protects public sector workers from being represented by unions they oppose. According to their petition, "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.’”

Staff attorneys from the National Right to Work Foundation and The Fairness Center have supported this litigation through various levels of the federal court system. They aim for a ruling that would establish new protections against what they describe as forced union association.

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The original complaint highlighted instances of alleged discrimination by PSC members against some professors based on religion and political beliefs. Prof. Michael Goldstein reported experiencing harassment and threats necessitating campus security protection. Prof. Jeffrey Lax received an Equal Employment Opportunity Commission letter affirming he faced discrimination related to his religious beliefs.

Mark Mix, President of the National Right to Work Foundation, commented on the case's importance: “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.”

This landmark case could set a precedent for how First Amendment rights apply concerning union representation in public employment settings.

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