Legal Opinion · Concurrence

Scheffer v. Civil Service Employees Ass'n, Local 828

Court of Appeals for the Second Circuit

Decided June 28, 2010No. Docket 07-3683-cvPublished

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

  1. Citizens United v. Federal Election CommissionSupreme Court of the United States · 2010
  2. Abood v. Detroit Board of EducationSupreme Court of the United States · 1977
  3. International Ass'n of MacHinists v. StreetSupreme Court of the United States · 1961
  4. Railway Employes' Department v. HansonSupreme Court of the United States · 1956
  5. Pacific Gas & Electric Co. v. Public Utilities CommissionSupreme Court of the United States · 1986

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