Dist. Ct. did not err in granting defendant-union's motion for summary judgment in plaintiff-former union member's action, alleging that: (1) defendant's continued deduction of her union dues after she informed union she no longer wanted to be union member violated her First Amendment rights under Janus, 138 S.Ct. 2448; and (2) union's exclusive representation of her interests, even though she is no longer union member, also violated her First Amendment rights. Plaintiff cannot establish that deduction from her wages of union dues she voluntarily agreed to pay in consideration for benefits of her union membership violated her First Amendment rights under Janus, where plaintiff had previously agreed to union's ability to deduct dues unless she gave written notice of her desire to quit union during defined 15-day period, and record showed that although plaintiff gave said notice outside of said 15-day period, union withheld dues only until defined period arrived. Ct. rejected plaintiff's claim that her pre-Janus authorization to deduct dues was product of unconstitutional choice between paying union dues and paying fair share dues. Moreover, exclusive-bargaining-representative provisions of Ill. Public Labor Relations Act are constitutional regardless of whether plaintiff is member of union.
Federal 7th Circuit Court
Civil Court
Labor Law