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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July 25
Philadelphia municipal workers ratify new contract; Chocolate companies escape liability in trafficking suit; Missouri Republicans kill paid sick leave
July 24
Texas District Court dismisses case requesting a declaratory judgement authorizing agencies to end collective bargaining agreements for Texas workers; jury awards two firefighters $1 million after they were terminated for union activity; and Democratic lawmakers are boycotting venues that have not rehired food service workers.
July 23
A "lost year" for new NLRB precedent; work stoppage among court appointed lawyers continues in Massachusetts
July 22
In today’s news and commentary, Senate Republicans push back against Project Labor Agreements and two rulings compelling arbitration for workers. Senate Republicans are pushing back against President Trump’s decision to maintain a Biden-era rule requiring project labor agreements (PLAs) for federal construction contracts over $35 million. Supporters of PLAs argue that PLAs facilitate better wages […]
July 21
WNBA players stage protest; Minneapolis DFL Party endorses Omar Fateh.
July 20
A US District Court orders the Trump Administration to provide its plans for firing federal workers; the Massachusetts Legislature considers multiple labor bills; and waste-collection workers at Republic Services strike throughout the nation.