The Supreme Court rejected a request to reconsider a pro-labor decision it made earlier this year.
Justices on Tuesday denied a petition for rehearing in Friedrichs v. California Teachers Association.
In March, the court failed to rule in favor of the plaintiff, who had been challenging mandatory “agency fee” rules. The regulations force public sector workers in California to help finance collective bargaining, even if they aren’t union members.
More than twenty states have similar laws, to prevent non-union workers from reaping the benefits of collective bargaining without helping pay for them.
According to the Bureau of Labor Statistics, the median public sector union member in 2015 made about as much as the equivalent non-member who is “represented by unions.” The former made $1,029 and the latter made $1,023. The median non-union public sector worker, meanwhile, made $878 per week last year. A similar dynamic exists in the private sector too, BLS data shows.
After January’s oral arguments, Justices looked almost certain to declare public sector agency fees unconstitutional. The sudden death of Antonin Scalia in February, however, drastically altered the balance of power on the court.
When they voted on Friedrichs in March, justices were deadlocked. The split decision meant the Ninth Circuit Court of Appeals decision held precedent. It was in favor of the defendants.
A decision the other way could have dealt a huge blow to the labor movement, by permitting a “free-rider” downward spiral in membership. Last year, just under half of all union members in the US, 7.2 million people, worked in the public sector.
Lawyers arguing on behalf of the plaintiff had argued the case should be reconsidered when a ninth justice is appointed.
“The Questions Presented in this case are too important to leave unsettled with an affirmance by an equally divided Court, and they are guaranteed to recur in the absence of a definitive ruling from this Court,” they said in their petition. It was filed in April. Rehearing requests need to be approved by five justices.
