The death of Antonin Scalia, longtime Associate Justice of the U.S. Supreme Court, has left several pending cases in limbo. One case in particular, Friedrichs v. California Teachers Association, is under the close watch of public sector unions across the country, including the Beachwood Federation of Teachers.

Should the court rule in favor of the petitioner, public sector employees would be permitted to reap the benefits of a union-negotiated contract without being required to pay union dues.

The law currently permits “fair share” contracts, in which an employee is reimbursed for his or her portion of dues that are used for union “outreach,” BFT President and BHS English teacher Evan Luzar said.

Outreach activities, Luzar explained, include scholarships and community events that are sponsored by the union.

“[Fair share employees are] reimbursed for the portion of dues used for outreach done by the AFT [American Federation of Teachers] and OFT [Ohio Federation of Teachers]. … They are not reimbursed for all of their dues. They must pay their ‘fair share’ of dues to the AFT, OFT, and BFT,” Luzar later wrote in an email.

According to Education Week, the AFT has primarily contributed to Democratic candidates in recent years, endorsing former Secretary of State Hillary Clinton in the 2016 presidential race.

“[Those who opt for fair share] would still be paid according to the union contract and still have all the protections of the contract,” Luzar said. Currently, he noted, only one teacher in the district is under a fair share contract.

Luzar believes the BFT provides a service to its members.

“We give a meaningful voice to the teachers in the district,” he said.

“We have a very good and trusting relationship [with the BFT],” Superintendent Bob Hardis said. “[Although,] that doesn’t mean we always agree on everything.”

Luzar expressed a similar sentiment.

“I think the administration sees us as honorable partners in creating a great experience for Beachwood students,” he said.

“A very transparent relationship has grown over [the] years,” Hardis said, giving credit to both Luzar and Dr. Richard Markwardt, Hardis’ predecessor.

Luzar declined to disclose the BFT’s dues, but said they are determined, in part, by union operating costs. A percentage of the dues goes directly to the AFT and OFT. He said he feels it’s a reasonable rate, given the ways in which the union benefits its members.

He expressed strong opposition to individuals taking advantage of a union contract without paying into the union, which would be the outcome if the Supreme Court rules against organized labor in the Friedrichs case.

“I think it’s ridiculous,” Luzar said. “Between preparation and actual negotiation, our negotiating team spent hundreds of hours on this [most recent] contract.”

“It’s an incredible amount of time,” he added. “The idea that someone would benefit from [our hard work] for free is bizarre to me and patently unfair.”

If the court does not rule in favor of unions, Luzar said he does not anticipate a drop in BFT membership.

“Even if the unions lose the Supreme Court case, I don’t think we’ll lose members,” he said. “At least, I hope not. I think that our teachers see the value that our union brings to their lives and their professional voice.”  

“To me, there is a concerted effort to destroy unions, [to see us] weakened,” Luzar said.

Over the past five years, conservative politicians, including Ohio Gov. John Kasich and Wisconsin Gov. Scott Walker, have targeted public sector unions as a cause for the rising cost of government.

Prior to coming to the Beachwood City Schools in 2006, Hardis was a social studies teacher in New York City and in Maryland. During this time, he said, he chose to be a member of his school’s union.

In Beachwood, Hardis said, teachers are rarely reluctant to join the union.

“I would like to see the Supreme Court uphold fair share [as opposed to allowing employees to choose not to join the union],” Hardis added.

“I believe that fair share members still have the right of free speech. They have many means to express themselves,” he continued. 

While the lasting effects of Scalia’s passing remain to be seen, both The Atlantic and the Los Angeles Times have predicted the Supreme Court will come to a 4-4 tie on the issue. Should this occur, the U.S. 9th Circuit Court of Appeals’ ruling in the teachers union’s favor would stand.

However, Luzar said the fight for organized labor isn’t over.

“Without a union, the people who do the actual work would have no structural voice in their [professional lives],” he added.