Taking Care of HR Business
        A blog from the attorneys of Verrill

        4-4 Split at Supreme Court Allows Public Unions to Continue Collecting Agency Fees from Non-Members

        March 30, 2016

        On March 29, 2016, the Supreme Court issued a one sentence decision in Friedrichs v. California Teachers Association: “The judgment is affirmed by an equally divided Court.” Friedrichs is the second 4-4 decision of the term, a circumstance brought about by the passing of Justice Antonin Scalia in February.

        As previously discussed here, the plaintiffs in Friedrichs sought to overturn a 1977 Supreme Court decision, Abood v. Detroit Board of Education, which held that public unions can make non-members pay agency fees. Both the District Court and the Ninth Circuit had dismissed the plaintiffs’ case, finding that the outcome was controlled by Abood. Therefore, the plaintiffs’ only chance of changing the law and overturning Abood was having the Supreme Court find in their favor. However, with the 4-4 split of the Court, the decision of the Ninth Circuit was affirmed, leaving intact Abood’s holding and allowing public unions to continue collecting agency fees from non-members.

        Many commentators had believed that Justice Scalia would vote to overturn Abood, which would have resulted in a 5-4 decision in the plaintiffs’ favor. Although the plaintiffs were ultimately unsuccessful in overturning Abood, given the split in the Court and other recent decisions by the Supreme Court which cast doubt on Abood’s continued viability, we can expect that this issue will be before the Court again in the future.

        But for now, public unions can continue to charge non-members fees associated with the unions’ representation of public sector workers. If you have a question about union fees or other aspects of union representation, contact a member of Verrill Dana’s Labor & Employment Group.

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Press Releases

        97 Verrill Attorneys Recognized by Best Lawyers® 2027, Including Four Named Lawyers of the Year

        AUGUSTA, Maine, BANGOR, Maine, BOSTON, Mass., PORTLAND, Maine, and WESTPORT, Conn., (August 20, 2026) – Verrill is proud to announce that 97...
        Alerts and Newsletters

        SEC’s Proposed “Reg Crypto”: What Founders Need to Know

        Startup founders and emerging-growth companies have a number of options for raising capital under the federal securities laws, including Regulation D...
        Blog

        After 45 Years, the IRS Speaks on DCAP Nondiscrimination Testing – And It’s Good News

        Employers that provide a Dependent Care Assistance Program will be pleased to learn that for the first time in 45 years, the IRS has issued guidance...
        Media Mentions

        Robert Keach Discusses Bankruptcy Auction Strategy in Law360

        Verrill attorney Robert Keach spoke with Law360 article examining the complex bankruptcy auction process that resulted in the sale of 23 summer...
        Media Mentions

        Martha Gaythwaite Featured in Portland Press Herald Coverage of Sig Sauer Trial Victory

        Verrill attorney Martha Gaythwaite was highlighted in media coverage of a federal trial in Bangor involving firearm manufacturer Sig Sauer. As...
        Media Mentions

        Law360 Quotes Robert Keach on Senate Bill Affecting Small Business Restructurings

        Verrill attorney Robert Keach was recently quoted in a Law360 article discussing federal legislation that would permanently restore the $7.5 million...
        Alerts and Newsletters

        SAFEs and Preferred Stock – Key Deal Terms Every Founder Should Know

        SAFEs Before negotiating a term sheet for preferred stock, many early-stage companies, particularly at the seed stage, first raise capital through...
        Press Releases

        Verrill Welcomes Business Restructuring and Insolvency Attorney Nimra Tariq

        BOSTON, Massachusetts – Verrill is pleased to announce that Nimra Tariq has joined the firm’s Business Restructuring and Insolvency Group as an...
        Media Mentions

        Robert Keach Provides Commentary on First Brands Restructuring in Law360

        Verrill attorney Robert Keach was quoted in the Law360 article, "First Brands' Ch. 11 Plan Revives Angst Over Admin Claims," discussing First Brands...
        Press Releases

        Verrill Welcomes Construction Attorney Cassie Dufon

        PORTLAND, Maine – Verrill is pleased to welcome Cassie Dufon to the firm’s Construction Group as an Associate, resident in the firm’s Portland...
        Press Releases

        Verrill’s Wide-Ranging Private Wealth Law Practice Recognized in 2026 Chambers and Partners High Net Worth Guide

        BANGOR and PORTLAND, Maine and BOSTON, Mass. – Verrill attorneys Kenneth P. Brier, Anya F. Endsley, Kurt E. Klebe, Mary McQuillen, Nathaniel S....
        Blog

        Update on Status of Maine Packaging EPR

        In December 2024, Verrill published a blog post, Unwrapping Maine's Gift to the Environment: A New Packaging Stewardship Program Set to Launch in...