Jack Goldsmith is the Learned Hand Professor of Law at Harvard Law School, where he teaches and writes about national security law, international law, internet law, and, recently, labor history. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.
A series of post-Knox cases were filed this week in Michigan. The lead plaintiff (or “charging party”) is Miriam Chanski, a public school kindergarten teacher. She claims that after Michigan enacted a right-to-work law last March, she opted out of the Michigan Education Association, a public sector union, in May. She says she later discovered that the union had imposed (with no notice) a window of opting out only in August. Because she did not opt out in August, the union claims she is still a member and must continue to pay dues for another year. Chanski has challenged this procedure under Michigan state labor law, including the new right-to-work law. But her charge contains this statement about Knox: “There are indications from the federal courts that unions requiring an employee to ‘opt out’ to preserve their rights is disfavored; and rather, that requiring employees to affirmatively ‘opt in’ is the option which preserves the employees’ rights. See, SEIU v. Knox, 132 SCt 2277 (2012).” If the matter gets beyond state law, what appears to be potentially at stake here is whether public sector employees have a First Amendment right to opt out at any time.
Chanski’s claim is one of several brought by the Mackinac Center. Its page on the case is here. The Detroit Free Press story is here. A collection of the various charges can be found here and here.
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August 19
NLRB swears in third Trump-appointed Member; Teamster file complaint against Amazon in New York; unions and college students sue Trump admin for international student immigration restrictions
August 18
New Trump administration rules will remove the Merit Systems Protection Board's independence; a CFPB union leader suspended alleges retaliation; the National Treasury Employees Union requires its members to pay dues as it battles to stay financially afloat.
August 17
Tensions rise between New York City's teachers' union and City Hall; NLRB judge finds Brooklyn hospital violated labor law.
August 16
New documents show that federal surveillance operations targeted Minnesota labor unions during the ICE surge, and the Equal Employment Opportunity Commission denies halting federal class discrimination complaints.
August 14
Hollywood unions diverge in response to the Paramount-Warner merger saga; Tesla defeats a years-long strike in Sweden, and labor scholars advocate for state sectoral bargaining policy innovation.
August 13
EEOC complaint process expected to harm federal workers; former UAW leaders endorse Fain challenger; Xbox employees protest layoffs.