Richards v. N.L.R.B.

Federal 7th Circuit Court
Civil Court
Case Number: 
Nos. 12-1973 & 12-1984 Cons.
Decision Date: 
December 26, 2012
Federal District: 
Petitions for Review, Order of N.L.R.B.
Petitions dismissed
In NLRB proceeding in which petitioners (nonmembers who were part of unions’ bargaining units) sought order directing unions to stop requiring petitioners to annually opt out of paying portion of union dues used to support political and other activities unrelated to collective bargaining, Ct. of Appeals found that petitioners lacked standing to file appeal of NLRB order where NLRB struck down unions’ requirement for annual opt out, but denied petitioners’ request on behalf of others for refunds of said dues under circumstances where union members had opted out of paying said dues for one year but had failed to opt out in subsequent year(s). Instant petitioners no longer suffered any injury-in-fact after NLRB struck down unions’ requirement for annual opt out of said dues, and petitioners failed to establish any other injury that could be remedied on appeal. Ct. rejected petitioners’ argument that they continued to have standing to seek refunds by virtue of fact that they were original named parties to instant lawsuit.