ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

July 08, 2010

Nonmembers of an employee organization required to pay agency shop fees are entitled to a refund of such fees used for union organizing activities

Nonmembers of an employee organization required to pay agency shop fees are entitled to a refund of such fees used for union organizing activities
David H. Scheffer, et al, v The Civil Service Employees Association, Local 828; Civil Service Employees Association; AFSCME, Local 1000, USCA, 2nd Circuit, Docket No. 07-3683-cv, Decided: June 28, 2010

In considering an appeal from a judgment of the United States District Court for the Western District of New York dismissing claims brought by public-sector employees who, as nonmembers of CSEA,* the union that represents them for collective-bargaining purposes, challenging the organizing fees assessed by the union, the Circuit Court of Appeals concluded that “although the union’s fee disclosure procedures met the relevant constitutional standards, charging these nonmembers “their proportionate share of the costs associated with some of the union’s organizing activities,” violates their First Amendment rights.

The Circuit Court of Appeals also noted that Civil Service Law §208(3)(a) provides that the union must “refund to any employee demanding the return any part of an agency shop fee deduction which represents the employee’s pro rata share of expenditures by the organization in aid of activities or causes of a political or ideological nature only incidentally related to terms and conditions of employment.”

*
The decision notes that approximately nine percent of the employees represented by CSEA [approximately 18,700 employees statewide] are not members of the union but who nonetheless are obligated to pay agency shop fees to CSEA.

The decision is posted on the Internet at:
http://www.ca2.uscourts.gov/decisions/isysquery/542c6566-bb30-452f-9aec-d6b9856a5341/11/doc/07-3683-cv_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/542c6566-bb30-452f-9aec-d6b9856a5341/11/hilite/

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.