Scheffer v. Civil Service Employees Ass'n, Local 828
Court of Appeals for the Second Circuit
1ConcurrenceJacobs, Chief Judge
I concur in the Court’s opinion. Insofar as it holds that the fee disclosure was adequate (and rules that plaintiffs’ counsel should not be appointed as class counsel), I rest upon that opinion entirely. As to the assessment of non-members for union organizing expenses, I concur — with these further observations.
A
As the Court’s opinion explains, expenses are chargeable only if they pay for activities that are (i) germane to collective bargaining; (ii) advance labor peace and avoid free-rider problems; and (iii) do not significantly add to the burden on First Amendment rights that inheres in…
2Cases cited7 opinions
- Citizens United v. Federal Election CommissionSupreme Court of the United States · 2010
- Abood v. Detroit Board of EducationSupreme Court of the United States · 1977
- International Ass'n of MacHinists v. StreetSupreme Court of the United States · 1961
- Railway Employes' Department v. HansonSupreme Court of the United States · 1956
- Pacific Gas & Electric Co. v. Public Utilities CommissionSupreme Court of the United States · 1986
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