Dozens of Class Actions Build on Supreme Court's 'Janus' Union Ruling
Three new petitions at the U.S. Supreme Court are tied to the justices' ruling last term against mandatory public-sector union fees.
March 14, 2019 at 02:38 PM
6 minute read
The original version of this story was published on National Law Journal
Anti-union organizations, building on last year's successful challenge to public-sector union fees, have returned to the U.S. Supreme Court with three new challenges to the operations of organized labor.
The new petitions are part of what lower courts have begun to call “clean-up proceedings” in the wake of the Supreme Court's 5-4 decision last term in Janus v. AFSCME. In Janus, the conservative majority, led by Justice Samuel Alito Jr., overruled a four-decade-old precedent that said unions could impose “fair share” fees on nonmembers for the cost of collective bargaining.
“At the time of this writing, there are at least 35 class action lawsuits pending in 18 federal district courts that seek to require unions to return just a small portion of those billions of dollars in unlawfully seized union fees,” one of the petitioners told the justices.
Two of the petitions—filed by National Right to Work Legal Defense Foundation and the Buckeye Institute—confront laws that require a union's exclusive representation of public sector employees. In the third, also brought by the National Right to Work Legal Defense Foundation, non-union home care workers seek refunds of about $32 million for fees paid to the union.
The refund challenges alone are “hugely important,” said labor law scholar Charlotte Garden of Seattle University School of Law. “If unions have to refund dues for three years back or whatever the applicable statute of limitations may be, that is a potential existential threat,” she said. “Those cases have been losing at the district and appellate court levels. They seem difficult to win and should be.”
All three high court petitions rely on Janus as well as two prior rulings in which the court, again led by Alito, laid the groundwork for their First Amendment challenges. The key players this time also are familiar.
William Messenger of the National Right to Work Legal Defense Foundation, who argued the Janus case at the Supreme Court last year, is counsel of record in one of the two exclusive representation challenges—Bierman v. Walz—and in the fee refund challenge, Riffey v. Pritzker.
Baker & Hostetler partner Andrew Grossman is counsel of record in the other exclusive representation challenge—Uradnik v. Inter Faculty Organization—which originated with the free-market policy think tank Buckeye Institute.
The Uradnik petition has drawn amicus support from former Janus supporters such as the Cato Institute, Competitive Enterprise Institute, Pacific Legal Foundation, Goldwater Institute, Freedom Foundation and the National Right to Work Legal Defense Foundation. Also supporting the challenge is the National Association of Scholars, represented by Shearman & Sterling associate William Haun, and a number of public policy research and advocacy groups with counsel of record Thomas McCarthy of Consovoy McCarthy Park.
The unions and states in the three petitions have not yet filed their answers in the high court.
Here is a brief look at what the petitions argue:
>> Uradnik v. Inter Faculty Organization
The U.S. Court of Appeals for the Eighth Circuit and lower courts are wrong that a 1984 high court decision—Minnesota State Board for Community Colleges v. Knight—approved of a state's appointment of a labor union as exclusive representative of public sector employees, argues the petition. “The result of those decisions is to broadly sanction compelled representation of unwilling public employees and subsidy recipients like home healthcare workers, irrespective of their speech and associational interests. That result cannot be squared with this court's First Amendment jurisprudence.”
The Eighth Circuit, which earlier had ruled in Bierman that Knight applied, affirmed the district court's denial of a preliminary injunction after finding no likelihood of success on the merits.
>> Riffey v. Pritzker
The Seventh Circuit erred in affirming a district court decision that the plaintiffs failed to meet the requirements for approval of a class seeking refunds of union fees, according to the petition. “Here, Illinois deducted agency fees for SEIU from the proposed class of personal assistants' wages without their affirmative consent,” according to the petition. “Under Harris (v. Quinn) and Janus, each unauthorized fee seizure inflicted a First Amendment injury. The victim's subjective feelings about SEIU are immaterial to the First Amendment violation. The compensatory damages owed to each personal assistant in the putative class equals all fees seized from him or her, plus interest.”
The Seventh Circuit panel, in an opinion by Judge Diane Wood, wrote: “The assistants spurned the opportunity to suggest a narrower class in favor of a 'go-for-broke' strategy. In doing so, however, they overlooked the substantial deference we give to the district court's decisions about predominance and manageability. The judge here came to a defensible—indeed, sensible—decision on these points.”
>> Bierman v. Walz
“Regimes of exclusive representation, like other mandatory expressive associations, are subject to a limiting constitutional principle: exacting First Amendment scrutiny,” Messenger wrote in the petition. “Whatever its merits in a public employment relationship, no compelling state interest justifies extending exclusive representation beyond that context to a citizen's relationship with government regulators.”
The Eight Circuit panel, led by Judge Steven Colloton, said in its ruling in August: “There is no meaningful distinction between this case and Knight. The current version of [state law] similarly allows the homecare providers to form their own advocacy groups independent of the exclusive representative, and it does not require any provider to join the union. According to Knight, therefore, the state has 'in no way' impinged on the providers' right not to associate by recognizing an exclusive negotiating representative.”
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All3rd Circuit Strikes Down NLRB’s Monetary Remedies for Fired Starbucks Workers
‘Not A Kindergarten Teacher’: Judge Blasts Keller Postman, Jenner & Block, in Mass Arb Dispute
6 minute readSolana Labs Co-Founder Allegedly Pocketed Ex-Wife’s ‘Millions of Dollars’ of Crypto Gains
4 minute readTrending Stories
- 1Lawyer’s Resolutions: Focusing on 2025
- 2Houston Judge Exonerated on Appeal, Public Reprimand Vacated
- 3Bar Report - Dec. 30
- 4Employment Law Developments to Expect From the Second Trump Administration
- 5How I Made Law Firm Leadership: 'It’s Imperative That You Never Stop Learning,' Says Ian Ribald of Ballard Spahr
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250