Sweeney v. Raoul

Dist. Ct. erred in deciding merits of plaintiffs-union and others' section 1983 action, alleging that union's duty of fair representation in Illinois law, without corresponding ability to collect fair share fees from non-union employees, as set forth in Janus, 138 S.Ct. 2448, violated union's First Amendment right to free speech and association. Plaintiffs lacked standing to bring instant action, where plaintiff failed to allege existence of non-union member who demanded representation by union in grievance proceeding. Moreover, instant claim is not ripe for same reason. Fact that such demands by non-union employees are foreseeable in future did not require different result. Also, even if plaintiff had standing to bring instant lawsuit, plaintiffs sued wrong defendants (i.e., Attorney General and Executive Director of Ill. Labor Relations Bd.), where plaintiffs failed to allege that either defendant had threatened or brought any post-Janus enforcement proceeding against union for alleged violation of duty to fairly represent non-union employees.