IN BRIEF: Janus did not nix union members' obligation to pay dues: 7th Circuit
3/12/21 REUTERS LEGAL 22:11:00
Copyright (c) 2021 Thomson Reuters
Daniel Wiessner
REUTERS LEGAL
March 12, 2021
People hold signs outside the U.S. Supreme Court, waiting for the Janus v. American Federation of State, County, and Municipal Employees case which remains pending, in Washington, U.S., June 25, 2018. REUTERS/Toya Sarno Jordan
(Reuters) - A U.S. appeals court on Friday became the latest to rule that a U.S. Supreme Court ruling barring public-sector unions' collection of collective bargaining fees from nonmembers does not mean that public employees who opted to join unions do not have to pay the dues imposed by their bargaining agreements.
A unanimous three-judge panel of the 7th U.S. Circuit Court of Appeals rejected claims by Susan Bennett, a janitor for an Illinois school district, that once she resigned from her union in the wake of the Supreme Court's 2018 decision in Janus v. AFSCME, it should have ceased collecting dues from her paycheck.
The court said Bennett in joining an American Federation of State, County and Municipal Employees local had voluntarily committed to pay dues until an annual two-week opt-out period arose, regardless of whether she resigned earlier.
The 3rd and 9th Circuits came to the same conclusion in similar cases last year. The plaintiffs in the 9th Circuit case last month asked the U.S. Supreme Court to review the ruling.
Bennett is represented by the conservative Liberty Justice Center. Lawyers from Bredhoff & Kaiser represent AFSCME.
The 7th Circuit panel also rejected Bennett's claim that an Illinois law requiring that designated unions serve as the exclusive representatives of public employees violated her right to free association. Bennett and other public workers are free to join or refrain from joining unions, evidenced by her resignation after the Janus ruling was issued, the court said.
The case is Bennett v. AFSCME Council 31, 7th U.S. Circuit Court of Appeals, No. 0:20-cv-01621.
For Bennett: Jeffrey Schwab of the Liberty Justice Center
For the union: Jacob Karabell of Bredhoff & Kaiser
For Illinois: Frank Bieszczat of the Illinois Attorney General's office
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