Dist. Ct. did not err in dismissing plaintiff-public employee’s section 1983 lawsuit seeking restitution for fair-share fees that had been collected on behalf of union prior to Supreme Ct. decision in Janus, 138 S. Ct. 2448. Defendant-union is entitled to assert good-faith defense to instant action, where defendant collected fair-share fees in accordance with state law (i.e., Ill. Public Relations Act, 5 ILCS section 315/6) and Abood, 431 U.S. 209, that had authorized instant fair-share fee arrangement. Ct. rejected plaintiff’s claim that her request for restitution was equitable claim that precluded defendant from asserting good-faith defense, since instant claim, which was akin to refund of agency-fee overcharge, was legal as opposed to equitable claim, and where plaintiff’s claim was one against union’s treasury generally and not against identifiable fund or asset.
Federal 7th Circuit Court
Civil Court
Labor Law