In two separate cases, plaintiffs sought refunds of agency fees they had paid to their unions before the SCOTUS ruling in _Janus v. AFSCME (2018)_
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Welcome to _Union Station_, our weekly newsletter that keeps you abreast of the legislation, national trends, and public debate surrounding public-sector union policy.
** FEDERAL APPEALS COURT REJECTS CLAIMS OVER AGENCY FEE REFUNDS
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On Nov. 5, the U.S. Court of Appeals for the Seventh Circuit rejected two claims in which plaintiffs sought refunds of agency fees they had paid to their unions before the U.S. Supreme Court ruled such fees unconstitutional.
** JANUS V. AFSCME ([link removed]) (CASE NUMBER: 19-1553)
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* _Note: This suit is a follow-up to the case of the same name decided by the Supreme Court in 2018 ([link removed]) . The cases have the same names because they share the same plaintiff (Mark Janus) and defendant (AFSCME)._
WHAT IS AT ISSUE?
Mark Janus, a former Illinois state employee, sought damages for fees he had paid to his union before the Supreme Court barred the collection of agency fees in 2018. His attorneys pointed to _Harris v. Quinn_, a 2014 decision in which the high court struck down an Illinois statute compelling a specific class of home healthcare workers to pay fees to the Service Employees International Union.
His attorneys claimed that _Harris _suggested the ultimate unconstitutionality of agency fees, arguing unions were not acting in good faith when they continued to collect agency fees and should be held liable for refunds. Janus' attorneys also cited _Harper v. Virginia Department of Taxation_ (1993), in which the Supreme Court held that "a rule of federal law, once announced and applied to the parties to the controversy, must be given full retroactive effect by all courts adjudicating federal law."
HOW DID THE COURT RULE?
The three-judge appellate panel, comprising Judges Diane Wood ([link removed]) , Daniel Manion ([link removed]) , and Ilana Rovner ([link removed]) , unanimously rejected Janus' claim, affirming the district court's earlier decision. Writing for the court, Wood said,
“
No one doubts that Mr. Janus is entitled to declaratory and injunctive relief. The Supreme Court declared that the status quo violated his First Amendment rights and that 'States and public-sector unions may no longer extract agency fees from nonconsenting employees.' Mr. Janus is now protected from that practice. Any remaining relief was for the district court to consider. That court declined to grant monetary damages, on the ground that AFSCME's good-faith defense shielded the union from such liability. We agree with that conclusion.
”
Wood, Manion, and Rovner were appointed to the Seventh Circuit by Presidents Bill Clinton (D), Ronald Reagan (R), and George H.W. Bush (R), respectively.
** MOONEY V. ILLINOIS EDUCATION ASSOCIATION ([link removed]) (CASE NUMBER: 19-1774)
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WHAT IS AT ISSUE?
Stacey Mooney, an Illinois public-school teacher, sought restitution for previously paid agency fees.
HOW DID THE COURT RULE?
The same three-judge panel unanimously rejected the claim, citing its reasoning as laid out in the _Janus _case.
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** THE BIG PICTURE
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** _NUMBER OF RELEVANT BILLS BY STATE_
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We are currently tracking 106 pieces of legislation dealing with public-sector employee union policy. On the map below, a darker shade of green indicates a greater number of relevant bills. Click here ([link removed]) for a complete list of all the bills we're tracking.
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** RECENT LEGISLATIVE ACTIONS
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Below is a complete list of legislative actions taken since our last issue. Bills are listed in alphabetical order, first by state then by bill number.
* FLORIDA S0624 ([link removed]) : This bill would repeal a requirement that school districts and collective bargaining units negotiate specified memoranda of understanding. It would repeal a requirement that unions include specific information in their applications for renewal of registration. It would also remove a requirement that certain unions petition the Public Employees Relations Commission for recertification.
* Referred to Senate Governmental Oversight and Accountability and Appropriations Committees Nov. 6.
* FLORIDA S0804 ([link removed]) : This bill would revise the requirements for dues deduction authorizations.
* Introduced Nov. 6.
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