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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June 30
SCOTUS ends removal protections for agencies; staff at NYC cocktail bar vote to unionize.
June 29
In today’s News and Commentary, student-athletes file a class action suit challenging the NCAA’s new Age-Based Rule, a federal judge declines to issue a preliminary injunction against FEMA’s reduction in force but expedites proceedings, and Gavin Newsom opposes California’s proposed billionaire tax in favor of a federal approach. On Thursday, DeJuan Campbell, at basketball player […]
June 28
Philadelphia utility workers announce July 4 strike; national parks workers vote to unionize; Michigan considers “right to disconnect” bill.
June 26
Mamdani issues workplace heat protections order; Fifth Circuit denies enforcement of NLRB order against Starbucks; AFGE unlikely to secure injunction against FEMA layoffs.
June 25
NLRB orders Amazon to bargain with workers; federal judge blocks ICE agents from making arrests in courthouses.
June 24
NYC primary vies for union support; NLRB ruling tees up Cemex challenge; Sixth Circuit deals blow to NLRB policymaking.