Posts tagged Ninth Circuit
Lower courts ignore Supreme Court precedent to force union payments
August 2, 2025 // The National Right to Work Legal Defense Foundation and the Mackinac Center for Public Policy are urging the U.S. Supreme Court to answer that question. In an amicus brief filed July 24, the two organizations ask the Court to reaffirm and enforce the constitutional standard it set in the 2018 Janus v. AFSCME decision: that no money may be taken from a public employee’s paycheck for a union without the employee’s clear and affirmative consent. The brief supports two public workers who are respectively suing the American Federation of State, County, and Municipal Employees as well as the International Union of Operating Engineers. Marcus Todd and Terry Klee
Truckers tell Ninth Circuit that California law unfairly bans independent contractor drivers
April 10, 2025 // Though a business-to-business exemption is available under the law, the association says members can't apply because they have to follow contradictory federal law that says trucking companies need to have exclusive control over trucks involved in interstate commerce. “One of the requirements of the business-to-business exemption is that the worker be free from the control of the business. Leased owner-operators in inter-state commerce must comply with federal regulations called the Truth In Leasing regulations which require the motor carrier to have exclusive possession and control of the vehicle and the operation of that vehicle in inter-state commerce. Whatever the scope of that control is it can’t be squared with the B2B requirement that the worker be free from control. It’s irreconcilable,” Cullen said.
Government Unions Can’t Keep Forcing Public Employees to Pay Up
December 22, 2022 //
Las Vegas Police Officer Urges Supreme Court to Hear Case Battling Union’s Unconstitutional Dues Scheme
November 22, 2022 // Las Vegas police officer Melodie DePierro has submitted a petition asking the United States Supreme Court to hear her lawsuit defending her First Amendment right to abstain from paying dues to a union she does not support. DePierro is receiving free legal representation from National Right to Work Legal Defense Foundation staff attorneys. DePierro, a Las Vegas Metropolitan Police Department (LVMPD) officer, contends in the lawsuit that officials of the Las Vegas Police Protective Association (PPA) union seized dues money from her paycheck in violation of her First Amendment rights pursuant to a so-called “window period” specified in the union contract. PPA officials’ “window period” scheme prohibits police officers from opting out of union financial support for over 90% of the year. DePierro never consented to – nor was ever informed of – this limitation.
Lawsuit claiming public-sector employees must be informed of Janus rights dismissed
April 12, 2022 // Judge John F. Kness of the U.S. District Court for the Northern District of Illinois dismissed an Illinois teacher’s lawsuit claiming that, under the U.S. Supreme Court’s 2018 ruling in Janus v. AFSCME, public-sector unions are obligated to inform prospective members of their right not to join or pay fees to a union.