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Academic Freedom vs. Closed Shop Union Security Clause

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viruss28m


Arresto Menor
Our labor laws allow a closed shop policy (where non-union members should be terminated)...on the other hand our constitution guarantees the state support for academic freedom (the right of HEIs to determine who to teach...etc).... My question is

Does adopting a closed shop policy for a university union violate the constitutional provision of academic freedom?

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attyLLL


moderator
is this actual or theoretical?

the problem, i believe, will arise only if the hired employee refuses to join the union


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viruss28m


Arresto Menor
At this stage it seems theoretical

But once a CBA will be signed and tenured faculty will refuse to join the union...it will be an actual case...But right now, it seems that we have little information about it.

My colleagues and I don't want to join the union. We are a minority here....but we assert academic freedom, which is also guaranteed by the constitution...

Will our assertion on academic freedom merit a good ground for the unconstitutionality of the "closed shop policy"?

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attyLLL


moderator
on top of my head, i don't think it will hold water.

the only reasons allowed to exempt from union membership so far is for religious reasons


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