United States Second Circuit

In a First Amendment action alleging that a professor's union impermissibly charged plaintiff a pro rata share of expenses unrelated to the union's collective bargaining duties, summary judgment for defendant is reversed where: 1) a public-sector union's political activities aimed at securing a new contract may be chargeable to nonmembers if those activities are pertinent to the union's role as a collective bargaining representative; 2) nonmembers may be required to subsidize lobbying efforts undertaken by a "parent" union of the local public-sector union if the lobbying is related to collective bargaining and may ultimately inure to the benefit of local union members; 3) the district court erred in upholding the union's charges to nonmembers for (a) political activity undertaken to secure a new contract, (b) lobbying by the local union's state affiliate, (c) costs incurred to send union delegates to the state affiliate's annual convention, and (d) the salaries of the union's employees; 4) the district court erred in dismissing plaintiff's challenge to the union's charges for media communications by its national affiliate; and 5) it erred in holding, sua sponte, that plaintiff will be required to arbitrate future claims against the union before filing suit.

Appellate Information

• Decided 10/15/2009
• Published 10/15/2009

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before CABRANES, STRAUB, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Phineas E. Leahey (Todd R. Geremia, on the brief), Jones Day, New York, NY, for David Seidemann., James R. Sandner (Christopher M. Callagy, of counsel), New York, NY, for Barbara Bowen and PSC CUNY., Milton L. Chappell, National Right to Work Legal Defense Foundation, Inc., Springfield, VA, Amicus Curiae for David Seidemann.