Locke v. Karass
Encyclopedia
Locke v. Karass, No. 07-610
(2008), is a court case in which the Supreme Court of the United States
held that the Constitution permits the local chapter of a labor union to charge a "service fee" to non-members to cover non-local litigation expenses if (a) the expenses are "appropriately related to collective bargaining
" and (b) there is a reciprocal relationship between the local chapter and the national union. The case expanded on and clarified the earlier Lehnert v. Ferris Faculty Association
, which permitted such service fees for non-political activities but did not reach a consensus on the question of whether "national" expenses were chargeable.
for certain employees of Maine
's executive branch. Per the terms of Maine's collective bargaining agreement with the association all non-member employees represented by the union must pay a "service fee"; effectively union dues but recalculated to include only the amount which would go to "ordinary representational activities, e.g., collective bargaining or contract administration." The Supreme Court previously upheld such arrangements in Lehnert, but was unable to reach agreement on whether national litigation was "chargeable": that is, whether a union may include such costs as part of a service fee charged to non-union employees.
Non-member employees challenged the inclusion of national litigation costs in arbitration
but the arbitrator deemed the inclusion lawful. Concurrent with the arbitration the employees brought suit in federal court
, alleging a First Amendment
violation. The District Court found the fee lawful, and the Court of Appeals
upheld the district on appeal. The Supreme Court granted certiorari
to resolve a split between the circuits (compare Otto v. Pennsylvania State Educ. Assn.-NEA and Pilots Against Illegal Dues v. Air Line Pilots Assn).
wrote for a unanimous court; Justice Alito
wrote a concurrence in which Chief Justice Roberts and Justice Scalia
joined.
The central question was whether the national litigation fee caused a First Amendment problem. Prior rulings by the court permitted a so-called "service fee" provided that the fees did not include political and/or ideological activities, which would have the effect of forcing employees to underwrite political speech. Previous rulings, including Ellis and Lehnert, had not resolved this question. To address the issue Breyer's opinion introduced a two-factor test: a national litigation fee is chargeable "if (1) the subject matter of the national litigation bears an
appropriate relation to collective bargaining and (2) the arrangement is reciprocal—that is, the local's payment to the national affiliate is for 'services that may ultimately inure to the benefit of the members of the local union by virtue of their membership in the parent organization.'"
Alito wrote a concurring opinion noting that the question of what "reciprocity" was had not been reached, given that all the courts had agreed, and the petitioners had not challenged, that reciprocity (whatever that was) existed between the local unit and the national union.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2008), is a court case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that the Constitution permits the local chapter of a labor union to charge a "service fee" to non-members to cover non-local litigation expenses if (a) the expenses are "appropriately related to collective bargaining
Collective bargaining
Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...
" and (b) there is a reciprocal relationship between the local chapter and the national union. The case expanded on and clarified the earlier Lehnert v. Ferris Faculty Association
Lehnert v. Ferris Faculty Association
Lehnert v. Ferris Faculty Association, 500 U.S. 507 deals with First Amendment rights and Unions in public employment. Due to collective bargaining laws in some states , employees in the public sector are often required to either join a union or pay a “service fee” to a union Lehnert v. Ferris...
, which permitted such service fees for non-political activities but did not reach a consensus on the question of whether "national" expenses were chargeable.
Background
The Maine State Employees Association is the exclusive bargaining agentBargaining unit
A bargaining unit in labor relations is a group of employees with a clear and identifiable community of interests who are represented by a single labor union in collective bargaining and other dealings with management. Examples would be "non-management professors"; "law enforcement professionals";...
for certain employees of Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
's executive branch. Per the terms of Maine's collective bargaining agreement with the association all non-member employees represented by the union must pay a "service fee"; effectively union dues but recalculated to include only the amount which would go to "ordinary representational activities, e.g., collective bargaining or contract administration." The Supreme Court previously upheld such arrangements in Lehnert, but was unable to reach agreement on whether national litigation was "chargeable": that is, whether a union may include such costs as part of a service fee charged to non-union employees.
Non-member employees challenged the inclusion of national litigation costs in arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
but the arbitrator deemed the inclusion lawful. Concurrent with the arbitration the employees brought suit in federal court
United States District Court for the District of Maine
The U.S. District Court for the District of Maine is the U.S. district court for the state of Maine. The District of Maine was one of the original thirteen district courts established by the Judiciary Act of 1789, even though Maine was not a separate state from Massachusetts until 1820...
, alleging a First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
violation. The District Court found the fee lawful, and the Court of Appeals
United States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...
upheld the district on appeal. The Supreme Court granted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
to resolve a split between the circuits (compare Otto v. Pennsylvania State Educ. Assn.-NEA and Pilots Against Illegal Dues v. Air Line Pilots Assn).
Opinion of the Court
The Supreme Court held that the local unit of a union may assess non-members a service fee to cover national litigation if that litigation involves collective bargaining or other issues which could conceivably involve the local unit and if the payment by the local unit is reciprocal. Justice BreyerStephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
wrote for a unanimous court; Justice Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
wrote a concurrence in which Chief Justice Roberts and Justice Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
joined.
The central question was whether the national litigation fee caused a First Amendment problem. Prior rulings by the court permitted a so-called "service fee" provided that the fees did not include political and/or ideological activities, which would have the effect of forcing employees to underwrite political speech. Previous rulings, including Ellis and Lehnert, had not resolved this question. To address the issue Breyer's opinion introduced a two-factor test: a national litigation fee is chargeable "if (1) the subject matter of the national litigation bears an
appropriate relation to collective bargaining and (2) the arrangement is reciprocal—that is, the local's payment to the national affiliate is for 'services that may ultimately inure to the benefit of the members of the local union by virtue of their membership in the parent organization.'"
Alito wrote a concurring opinion noting that the question of what "reciprocity" was had not been reached, given that all the courts had agreed, and the petitioners had not challenged, that reciprocity (whatever that was) existed between the local unit and the national union.
See also
- Ellis v. Railway Clerks
- Lehnert v. Ferris Faculty AssociationLehnert v. Ferris Faculty AssociationLehnert v. Ferris Faculty Association, 500 U.S. 507 deals with First Amendment rights and Unions in public employment. Due to collective bargaining laws in some states , employees in the public sector are often required to either join a union or pay a “service fee” to a union Lehnert v. Ferris...
- List of United States Supreme Court cases, volume 555
- List of United States Supreme Court cases