US Supreme Court declines to hear CUNY professors’ case to cut ties with ‘antisemitic’ union

A New York district judge dismissed the professors’ suit in November 2022, ruling that several previous cases have affirmed the constitutionality of compulsory union representation.

By Dion J. Pierre, The Algemeiner

The United States Supreme Court has rejected a petition for it to hear a right to work case brought by a group of City University of New York (CUNY) professors who sued to sever ties with the public sector union which represents them and they consider antisemitic, The Algemeiner has learned from a plaintiff in the case.

“For the past three years, our clients have bravely fought for their rights while enduring tremendous pressure to stay silent,” the plaintiffs’ attorney, Nathan McGrath, president and general counsel of the Fairness Center, told The Algemeiner in a statement on Monday.

“They are disappointed that the court did not take their case, but they are pleased that their litigation has exposed union officials’ actions that they consider to be antisemitic.”

The professors — Avraham Goldstein, Michael Goldstein, Frimette Kass-Shraibman, Mitchell Langbert, Jeffrey Lax, and Maria Pagano — five of whom are Jewish, resigned from CUNY’s Professional Staff Congress (PSC-CUNY) after it passed a resolution during Israel’s May 2021 war with Hamas that declared solidarity with Palestinians and accused the Jewish state of ethnic cleansing, apartheid, and crimes against humanity.

The professors, however, were required to remain in the union’s “bargaining unit,” due to New York State’s “Taylor Law,” which requires state public employers to bargain collectively with unions.

The plaintiffs argued this amounted to a denial of their right to freedom of speech and association by forcing them to be represented in collective bargaining negotiations by an organization they claimed holds antisemitic views.

Beyond the plaintiffs, 263 other professors and staff have resigned from the union as well, according to the website of the Resign. PSC campaign, which accuses the body of having “violated its mandate” by weighing in on a contentious political issue.

“The core issue in this case is straightforward: can the government force Jewish professors to accept the representation of an advocacy group they rightly consider to be antisemitic?” said the plaintiffs’ petition for writ of certiorari, a legal document that allows a higher court to review a lower court’s decision.

“The answer plainly should be ‘no.’ The First Amendment [of the US Constitution] protects the rights of individuals, and especially religious dissenters, to disaffiliate themselves from associations and speech they abhor.”

A New York district judge dismissed the professors’ suit in November 2022, ruling that several previous cases have affirmed the constitutionality of compulsory union representation.

In appealing the decision, the National Right to Work Foundation, as well its co-litigant, the Fairness Center, argued that the judge’s argument is incorrect.

The Supreme Court’s declining to hear the case affirms that ruling, however, and sees its 6-3 conservative majority forgo a chance to issue a landmark ruling which would have gutted the power of public sector unions across the country.

“I’m certainly disappointed that the Supreme Court did not take our case, but if our openly antisemitic PSC-CUNY union thinks this fight is over, they should think again. We’re just getting started,” CUNY Law professor Jeffrey Lax told The Algemeiner.

“It is outrageous that the same PSC delegate leaders who chant ‘Zionism out of CUNY’ and who virulently support BDS and the illegal, Jew-harassing campus Gaza encampments then argue that they should bargain for our terms of employment at CUNY. In reality, it’s not merely cruel and despicable, it is downright mutually exclusive to openly argue that Zionist Jews should not work at CUNY and at the same time feign to represent the interests of those same Zionist Jews, like me, in negotiating the terms of our employment.”

Allegations of antisemitism at the City University of New York have caused a burst of legal activity in recent years.

Last year, the US Department of Education’s Office for Civil Rights (OCR) resolved half a dozen investigations of antisemitism on CUNY campuses, a consortium of undergraduate colleges located throughout New York City’s five boroughs.

The inquiries, which reviewed incidents that happened as far back as 2020, were aimed at determining whether school officials neglected to prevent and respond to antisemitic discrimination, bullying, and harassment.

Hunter College and CUNY Law combined for three resolutions in total, representing half of all the antisemitism cases settled by OCR. Baruch College, Brooklyn College, and CUNY’s Central Office were the subjects of three other investigations.

One of the cases which OCR resolved, involving Brooklyn College, prompted widespread concern when it was announced in 2022.

According to witness testimony provided by the Louis D. Brandeis Center for Human Rights Under Law — which filed the complaint prompting the investigation — Jewish students enrolled in the college’s Mental Health Counseling (MCH) program were repeatedly pressured into saying that Jews are white people who should be excluded from discussions about social justice.

The badgering of Jewish students, the students said at the time, became so severe that one student said in a WhatsApp group chat that she wanted to “strangle” a Jewish classmate.

As part of an agreement with the federal agency, CUNY will, among other steps, “reopen” past internal investigations of antisemitic conduct, report to OCR on its progress, and train its employees to conduct “thorough and impartial investigations” of any bigoted conduct reported by them.

CUNY also agreed to issue climate surveys, a series of questions posed to students to measure their opinions on discrimination at their school and administrators’ handling of it.

AntisemitismCUNYSupreme CourtUnion