A South Jersey teacher who doesn't want anything to do with the state's largest teachers' union has filed suit saying she shouldn't be forced to "subsidize" the New Jersey Education Association and its activities.

Filed in U.S. District Court in Camden, Ann Smith claims her constitutional rights are being violated by forcing her to pay 'representation fees' as a condition of her employment as a public school teacher -- "even though Ms. Smith refused to join the teachers' union and does not wish to subsidize the union's activities."

Smith is a special education staff member at the Clearview Middle School in Harrison Township, Gloucester County, according to the district's website.

The suit asks the court turn this into a class action suit allowing others in Smith's situation to join.

"She refused to join the NJEA or its affiliates because she disapproves of the union's political and ideological advocacy, as well as the excessively high salaries that are paid to the union's leaders," the suit says.

Along with the NJEA, the suit names as defendants the Clearview Education Association, National Education Association and Clearview Regional Board of Education along with New Jersey Gov. Phil Murphy, state Attorney General Gurbir S. Grewal and others from the New Jersey Public Employment Relations Commission and the PERC Appeal Board.

According to the Trenton-based NJEA's website, full-time teachers pay the union $866 in dues. Information in the lawsuit showed Smith had some $700 taken from her pay for dues, with the bulk, $529, going to the NJEA and smaller amounts going to the national and local education unions.

All of these deductions are mandated by law with no opt-out ability.

Steven Baker, spokesman for the NJEA, called the suit "part of a well-funded national effort to undermine the rights of working people by attacking their unions."

The same fight is happening in numerous states throughout the county and has made its way to the Supreme Court.

Baker said those behind the anti-union effort "know that unions are the strongest force for economic justice for working people and they are desperate to tilt the balance of power even further toward the wealthiest in America. There is no limit to their greed .."

"We will vigorously oppose this anti-worker lawsuit and we will continue to advocate for educational, economic and social justice in our schools and our communities," he said.

The NJEA wields great political clout in New Jersey politics.

In 2016, unhappy with Democrat state Senate President Stephen Sweeney the NJEA bankrolled an effort to unseat him. Millions were spent in a bitter -- and unsuccessful -- campaign to elect Sweeney challenger Republican Fran Grenier in the Third District.

The NJEA reportedly was upset Sweeney that teamed up with Republican Gov. Chris Christie on health care and pension reforms in 2011and then when he allegedly broke a promise to press for a constitutional amendment forcing full pension payments each year.

The union was a major supporter of Gov. Phil Murphy in the election

Baker says "more than 98 percent of eligible employees in the bargaining units we represent choose to be members of their union." The "representation fee" helps offset contract negotiations and enforcement by the NJEA for the non-union members.

The NJEA has a total membership just over 200,000 which includes full-time teachers, part-timers, retirees and even some students prepping to become educators.

The "representation fee" cannot by law be more than 85 percent of a full membership, Baker says. Those who pay that fee but don't join the NJEA are not eligible to vote in union elections or receive member-only benefits.

However, "they are welcome to join the union at any time to receive those benefits," Baker said.

The suit says the union "has attempted to accommodate Ms. Smith's objections" by allowing her to "divert" her representation fee to Habitat for Humanity rather than submitting them to the union.

Attached to the suit is a copy of a check for $700.50 from Smith to Habitat in Gloucester County with a note in the memo area "Alternative to NJEA dues."

The suit asks the court to certify this as a class action suit and allow others in Smith's situation to be included and "declare Ms. Smith and her fellow class members have a constitutional right to decline to join or financially support a public-employee union and they cannot be penalized or forced to pay money to the union ..."

Smith asks the courts to declare parts of New Jersey law which "allow public-employee unions to extract 'representation fees' from non-members" void and prevent the governor, attorney general and state agencies from forcing the fee payments.

It also asks all "representation fees" be ordered repaid -- with interest -- to Smith and others.

An attorney for Smith who was contacted did not return a telephone call for comment.

Bill Gallo Jr. may be reached at bgallo@njadvancemedia.com. Follow Bill Gallo Jr. on Twitter @bgallojr. Find NJ.com on Facebook. Have a tip? Tell us. nj.com/tips