Legal Opinion

Branch v. Commonwealth Employment Relations Board

Massachusetts Supreme Judicial Court

Decided April 9, 2019No. SJC 12603PublishedCited by 6 opinions

1Opinion of the CourtKafker, J.

**811 Massachusetts, like most States, allows public sector employees in a designated bargaining unit to elect a union by majority vote to serve as their exclusive representative in collective bargaining with their government employer. No eligible employee is required to join a union, but unions have historically collected mandatory "agency fees" from nonmembers in the bargaining unit to fund their operations as the exclusive representatives of members and nonmembers alike. In the instant case, four public employees raise challenges under the First Amendment to the United States Constitution…

2Cases cited55 opinions

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  3. Steele v. Louisville & Nashville RailroadSupreme Court of the United States · 1944
  4. Ford Motor Co. v. HuffmanSupreme Court of the United States · 1953
  5. Hallinan v. Fraternal Order of Police of Chicago Lodge No. 7Court of Appeals for the Seventh Circuit · 2009

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3Cited by6 opinions

  1. Peltz-Steele v. Umass Faculty FederationCourt of Appeals for the First Circuit · 2023
  2. ANDOVER EDUCATION ASSOCIATION v. COMMONWEALTH EMPLOYMENT RELATIONS BOARD & Another.Massachusetts Appeals Court · 2025
  3. Atchue v. Benchmark Senior Living LLCMassachusetts Appeals Court · 2020
  4. Chelsea v. New England Police Benevolent Association, Inc., Local 192Massachusetts Supreme Judicial Court · 2023
  5. Cruz v. Union Independiente Autentica de Empleados de la Autoridad de Acueductos y Alcantarillados (UIA)District Court, D. Puerto Rico · 2023

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