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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November 2
In today’s news and commentary, states tackle “stay-or-pay” contracts, a new preliminary injunction bars additional shutdown layoffs, and two federal judges order the Trump administration to fund SNAP. Earlier this year, NLRB acting general counsel William Cowen rescinded a 2024 NLRB memo targeting “stay-or-pay” contracts. Former General Counsel Jennifer Abruzzo had declared that these kinds […]
October 31
DHS ends work permit renewal grace period; Starbucks strike authorization vote; captive-audience ban case appeal
October 30
Sweden’s Tesla strike enters its third year; Seattle rideshare drivers protest Waymo’s expansion in the city.
October 29
9th Circuit rejects challenge to NLRB's constitutional structure; preemption challenges to state labor peace statutes
October 28
Two federal unions oppose CBA cancellations, another federal union urges Democrats to end the government shut down, and Paramount plans for mass layoffs
October 27
GM and Rivian announce layoffs; Boeing workers reject contract offer.