CUNY law professor Jeff Lax recently appeared on FOX & Friends to discuss a lawsuit filed by a group of City University of New York (CUNY) professors against their teachers union. The professors claim that the union promotes antisemitism and have taken legal action, believing that the Supreme Court may be their only hope for justice. This article delves into the details of the case, shedding light on the professors’ arguments and the implications of the lawsuit.
Under New York State law, even if educators choose to leave a teachers union, they are still required to contribute to the union’s funding of collective bargaining activities. The union in question, Professional Staff Congress/CUNY (PSC), adopted a “Resolution in Support of the Palestinian People” in 2021, which the group of six professors viewed as antisemitic, anti-Jewish, and anti-Israel. Despite their resignation from the union, the professors are still obligated to be represented by it under state law.
The professors, one of whom is Avraham Goldstein, a Holocaust survivor’s grandson, argue that being forced to associate with a union that makes anti-Semitic political statements goes against their principles and violates their rights. They are represented by The Fairness Center, a nonprofit public interest law firm, which claims that the Taylor Law amendments have allowed unions like PSC to treat nonmembers as second-class employees, offering them inferior services compared to members.
The lawsuit, filed in 2022, cites violations of the First and 14th Amendments to the U.S. Constitution. The professors argue that their mandatory inclusion in the bargaining unit, along with being financially tied to the union’s speech, infringes upon their freedom of speech, petitioning, and association. The case is currently awaiting an opinion from the Second Circuit Court of Appeals, which is expected to be delivered in the coming weeks. If the ruling does not favor the professors, they plan to appeal their case to the Supreme Court.
Professor Jeffrey Lax, one of the plaintiffs, believes that the Supreme Court is their only hope for justice. He asserts that their goal is not merely to challenge the union’s views but to address the Marxist teachings underlying the union’s alleged antisemitism. Lax points out that unions, including PSC, often prioritize political and ideological gain over the well-being and rights of their members.
While the union has dismissed the lawsuit as meritless and an attempt to eliminate unions, the professors argue that the core issue is their forced inclusion in the bargaining unit. They claim that the union’s indifference to the rampant antisemitism on college campuses, including their own, is deeply concerning.
The article concludes with an overview of the resolution adopted by PSC, which expresses support for Palestinians and discusses the Boycott, Divestment, Sanctions (BDS) movement. Although the professors find the union’s opinion on Jewish people and Zionism abhorrent, their main concern lies in being compelled to allow the union to negotiate their working conditions while it disregards the antisemitism prevalent in universities.
In summary, the CUNY professors’ lawsuit against their teachers union sheds light on allegations of antisemitism within the organization. The professors argue that their rights are being violated by being forced to be affiliated with a union that promotes anti-Israel sentiment. The outcome of the lawsuit could have significant implications for the relationship between unions and their members, as well as addressing the growing issue of antisemitism on college campuses.
