MIDLAND, Mich. — Millions of public employees should be freed from forced union representation, an amicus brief filed today at the U.S. Supreme Court argues. The Mackinac Center for Public Policy filed the brief in support of the plaintiffs in Goldstein vs. PSC/CUNY.

Six City University of New York employees sued after their union, Professional Staff Congress, issued a resolution they viewed as anti-Semitic. Under New York law, public employees can opt out of union membership, but they are still forced to accept representation by the union. The Fairness Center and National Right to Work are representing the six plaintiffs.

The Mackinac Center’s brief argues that the practice of exclusive representation violates workers’ First Amendment rights. The U.S. Supreme Court’s Janus v. AFSCME decision undercut much of Abood v. Detroit Board of Ed, a previous high court ruling that upheld exclusive representation. The court also ruled that public sector unions encroach on the rights of workers.

A public employee who wishes to opt out of union membership should also be able to opt out of representation by the union. This would protect workers’ freedom and relieve unions of the responsibility of representing workers who are not contributing union dues.

“Public sector workers survived for a long time without being forced into representation,” said Patrick J. Wright, vice president for legal affairs at the Mackinac Center. “Governments must come up with a compelling state interest to allow exclusive representation for public workers. So far, they have not done so.”

Read the brief here.