Jewish professors at the City University of New York will continue to be represented by a union that they say advocates for Jew-hatred, the U.S. Court of Appeals for the Second Circuit in New York City ruled on Monday.
Six professors at the public university system—five of them Jews—will remain represented by the Professional Staff Congress union, the court ruled, affirming a lower court’s decision that the professors are bound to the union’s exclusive representation of the professors’ bargaining unit.
The union endorsed a resolution on June 10, 2021, that supported the anti-Israel BDS movement and labeled the Jewish state an “apartheid” regime. The professors resigned from the union, which they felt had supported an antisemitic resolution.
The Second Circuit ruled that state law requires the professors to accept the union’s representation. The plaintiffs argued that the mandate violates their rights to free speech and equal protection under the First and 14th amendments, respectively.
The professors plan to appeal the ruling to the U.S. Supreme Court. If the high court decides to hear the case and then decide in their favor, it could dramatically alter the relationship between public sector employees and unions.
“New York law says our clients, most of whom are Jewish, must rely on a union that has taken a public stand against Israel to negotiate on their behalf,” stated Nathan McGrath, president and general counsel of the Fairness Center, a public interest firm representing the professors.
“These professors are being forced to associate with a union that they believe hates them,” he added. “It’s hard to imagine a clearer illustration of the harm caused by exclusive representation.”
The Fairness Center is working together with National Right to Work Foundation staff attorneys on the case.
Following the resignation of the professors, the union continued deducting dues from their paychecks. After the professors took legal action, the union returned the money and stopped deducting further dues under a 2018 U.S. Supreme Court decision in Janus v. AFSCME, which held that non-member public employees cannot be forced to pay union fees.
The union continues to offer the professors exclusive representation under the law despite their resignation, which bars the plaintiffs from seeking alternate representation or representing themselves, they say.
