Labor Unions and Lawsuits Grab High Court’s Attention
The U.S. Supreme Court accepted two cases today that involve labor unions and lawsuits, SCOTUSblog reports.
One case concerns the enforceability of a labor union contract with an employer that bars members from filing lawsuits over workplace discrimination. Another asks the court to clarify when unions can charge nonmembers for lawsuits that affect union member rights generally.
The cert petition in 14 Penn Plaza v. Pyett (PDF posted by SCOTUSblog) asks whether a labor union agreement to arbitrate members’ claims under age discrimination laws is enforceable. The New York City-based 2nd U.S. Circuit Court of Appeals had ruled in the case that courts may not enforce such agreements, setting up a split with the Richmond, Va.-based 4th U.S. Circuit Court of Appeals.
The cert petition in Locke v. Karass (PDF posted by SCOTUSblog) contends the First Amendment rights of members of four bargaining units were violated when an affiliated labor organization charged them for litigation expenses in other states. At issue is whether the state of Maine can condition public employment on the payment of such fees, the Associated Press reports.
The AP story says the case is the latest dispute before the court that could result in eroded power for labor unions.
The cert petition criticizes the Boston-based 1st U.S. Circuit Court of Appeals opinion in the case. The appeals court mistakenly believed that Supreme Court precedent “permits a union to do through creative accounting and shell games what it may not do directly: charge nonmembers for extra-unit litigation,” the petition says. It asserts that there is a “serious split among the circuits” on the issue.
