MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Jennifer Kumpf brings this action under 42 U.S.C. §1983 against Defendants New York State United Teachers, Buffalo Teachers Federation, and the Buffalo City School District (the “District”). (Dkt. No. 1). Plaintiff asserts that Defendants’ deduction of union dues from Plaintiff’s paycheck after she revoked her membership in October 2021 until July 2022 violated the First and Fourteenth Amendments under Janus v. American Federation of State, County, and Municipal Employees, Council 31, 138 S. Ct. 2448 (2018). (Dkt. No. 1). Presently before the Court are Defendants’ motions to dismiss the Complaint for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) and failure to state a claim under Rule 12(b)(6). (Dkt Nos. 19, 20). The parties have filed responsive papers. (Dkt. Nos. 25, 26, 27, 29, 31). For the reasons that follow, Defendants’ motions are granted. II. FACTS1 A. The Taylor Law The Taylor Law, New York Civil Service Law §202, provides public employees in New York the right to “join and participate in, or to refrain from…joining, or participating in, any employee organization of their own choosing.” The Taylor Law also gives public-sector unions representing public employees the right “to membership dues deductions” and empowers public employers to deduct membership dues on behalf of a union from the “salary of [] public employee[s]” “ upon presentation of dues deduction authorization cards signed by individual employees.” N.Y. Civ. Serv. Law §208.1(b). The Taylor Law provides that “[t]he right to such membership dues deduction shall remain in full force and effect until…an individual employee revokes membership in the [public-sector union] in writing in accordance with the terms of the signed authorization.” Id. §208.1(b)(i). B. The Parties Plaintiff is employed as a second-grade classroom teacher by the District’s Buffalo Public Schools System. (Dkt. No. 1, 11). Plaintiff is a “public employee,” and the District is a “public employer,” within the meaning of the Taylor Law. (Id.
11, 14 (citing N.Y. Civ. Serv. Law §§201.6, 201.7)). As an employee in the “instructional division,” Plaintiff is “part of the bargaining unit that is represented exclusively for purposes of collective bargaining” by Buffalo Teachers Federation (“BTF”). (Id. 11). BTF is “a local affiliate of” New York State United Teachers (“NYSUT”). (Id. 13). Both BTF and NYSUT (collectively “Defendant Unions”) are “employee organizations” within the meaning of the Taylor Law. (Id.
