Dist. Ct. did not err in dismissing plaintiffs-employees’ section 1983 action alleging that Ill. Public Relations Act, which allows union representing public employees to collect “fair share” fees from non-member employees, violated plaintiffs’ First Amendment rights. Record showed that one plaintiff had previously filed action challenging requirement that he pay union fair share fee in claim that went before Ill. Labor Relations Bd. and on appeal to Ill. Appellate Ct. that resulted in order allowing plaintiff to pay same fair share fee to charity instead of union. As such, Ct. found that res judicata applied to prevent said plaintiff from proceeding in this case, since said plaintiff could have raised instant First Amendment issue in his appeal to Ill. Appellate Ct. in prior case, but he had failed to do so. As to claim of other plaintiff, plaintiff failed to state valid cause of action since: (1) instant claim would require overruling of Abood, 431 U.S. 209, which upheld requirement that non-union public employee pay fair share fee to union; and (2) only Supreme Ct. could overrule Abood.
Federal 7th Circuit Court
Civil Court
Res Judicata