Class Action Claims CA Teachers Association, Colusa Educators Charge Fees ‘As a Consequence’ to Those Against Joining Union

New to ClassAction.org? Read our Newswire Disclaimer

The California Teachers Association (CTA) and Colusa Educators Association have been hit with a proposed class action lawsuit filed by two public school teachers who argue the organizations’ allegedly “fair share service fees” are unconstitutional and imposed “as a consequence” for those who refuse to join CTA’s union.

The seven-page lawsuit states the plaintiffs refused to join and/or financially support the CTA because it advocates for policies that run against their religious beliefs. The plaintiffs, a husband and wife, allege that they and other religious objectors were forced under California law to pay money to a third-party charity in lieu of paying the defendants’ fair share service fees.

“The CTA and the Colusa Educators Association compelled [the plaintiffs] to pay money to a union-approved charity as a consequence for exercising their constitutional right not to join or support the union,” the case argues. “This money was automatically taken from their paycheck in the same way that union dues or ‘fair-share service fees’ were taken from other employees." 

Religious objectors are protected by the Constitution from being forced to join or lend financial support to a union that advocates against their beliefs, the suit continues. To that point, the lawsuit claims Section 3546.3 of the California Government Code, the statute that allows unions to compel religious objectors to donate to charity in lieu of paying dues, is similarly unconstitutional.