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Jewish CUNY professors challenge forced union association at Supreme Court

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Jewish CUNY professors challenge forced union association at Supreme Court
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James C. Devereaux | Staff Attorney (2020-Present) | NRTWLD&EF, Inc

The final brief has been submitted to the U.S. Supreme Court in a case involving six City University of New York (CUNY) professors who are challenging the monopoly representation powers of the Professional Staff Congress (PSC) union officials. The professors, five of whom are Jewish, argue that they should not be forced to associate with PSC due to its public statements and actions, which they find anti-Semitic and anti-Israel. However, New York state law requires them to accept the union's representation.

The professors involved in this case are Avraham Goldstein, Michael Goldstein, Frimette Kass-Shraibman, Mitchell Langbert, Jeffrey Lax, and Maria Pagano. They are receiving legal assistance from the National Right to Work Legal Defense Foundation and The Fairness Center. Their lawsuit targets aspects of New York State’s “Taylor Law,” which grants unions significant bargaining power over public sector employees.

The original petition for writ of certiorari was filed in July. It highlights past Supreme Court decisions recognizing how monopoly bargaining in the public sector burdens workers' First Amendment rights. A notable reference is made to Steele v. Louisville & Nashville Railway Co., where rail union bosses were found discriminating against African-American workers.

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In their latest filing, attorneys for the Foundation dispute PSC lawyers’ reliance on a 1984 Supreme Court decision concerning unrelated issues about union meeting attendance by non-members.

“This case squarely presents the question whether it violates the First Amendment for a state to prohibit individuals from dissociating from a union’s representation to protest that union’s expressive activities.… As the Professors stated in their complaint and briefs, by compelling them to remain under the yoke of PSC’s representation, PSC and CUNY quash the Professors’ ability to express their revulsion with PSC’s advocacy," reads part of their argument.

Professor Michael Goldstein has reported experiencing anti-Semitic attacks from members of PSC. He claims these include harassment and threats against him and his family. Professor Lax received an EEOC letter determining discrimination based on religion by CUNY and PSC leaders.

The petition asks for Section 204 of New York’s Taylor Law to be declared unconstitutional as it compels unwanted union representation on professors like those at CUNY.

Mark Mix, President of National Right to Work Foundation commented: “No public worker should be forced to associate with union officials who denigrate their culture and identity."

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