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Seidemann v. Bowen

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Argued: November 17, 2008

Before: CABRANES, STRAUB,and SACK, Circuit Judges.

Under the National Labor Relations Act, states regulate the labor relations of state and local governments, and states may authorize unions and government employers to enter into “agency shop” agreements. See 29 U.S.C. § 152(2); Davenport v. Wash. Educ. Ass’n, 551 U.S. 177, 181 (2007). Under an agency shop arrangement, a public-sector union serves as the exclusive collective bargaining representative for government employees. “This arrangement entitles the union to levy a fee on employees who are not union members but who are nevertheless represented by the union in collective bargaining.” Davenport, 551 U.S. at 181. Under several of the Supreme Court’s precedents, including Lehnert v. Ferris Faculty Ass’n, employees who choose not to join the union (“dissenters”) may be required to subsidize union activities that are “germane” to the union’s collective bargaining function. 500 U.S. 507, 519 (1991). However, the Court in Lehnert explained that, under the First Amendment, state employees may not be compelled to subsidize union activities that are “ideological” and not “germane” to collective bargaining. Id. at 516-17 (citing Abood v. Detroit Bd. of Educ., 431 U.S. 209, 222 (1977)).

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