United States First Circuit

A union, functioning as the exclusive bargaining agent for certain state employees, may, consistent with the First Amendment, charge non-members for litigation expenses incurred by its national affiliate, if that litigation is substantively related to the bargaining process and is funded through a pooling arrangement. "[E]xtra-unit litigation" may be charged to non-members where it satisfies the "germaneness test" that generally applies to other pooled resources.

Appellate Information

• Decided 08/08/2007
• Published 08/08/2007

Judges

• LIPEZ, Circuit Judge., Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• W. James Young, with whom Stephen C. Whiting and The Whiting Law Firm were on brief, for appellants.


• For Appellees:
  
• Robert W. Alexander, with whom Jeremiah Collins and Bredhoff & Kaiser, PLLC were on brief, for appellees.