Locke v. Karass
2009 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Locke v. Karass, 555 U.S. 207 (2009), is a court case in which the Supreme Court of the United States held that the Constitution permits the local chapter of a labor union to charge a "service fee" to non-members to cover non-local litigation expenses if (a) the expenses are "appropriately related to collective bargaining" and (b) there is a reciprocal relationship between the local chapter and the national union.[1] The case expanded on and clarified the earlier Lehnert v. Ferris Faculty Association,[2] which permitted such service fees for non-political activities but did not reach a consensus on whether "national" expenses were chargeable.[3]
Locke v. Karass | |
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Argued October 6, 2008 Decided January 21, 2009 | |
Full case name | Daniel B. Locke, et al., Petitioners v. Edward A. Karass, State Controller, et al. |
Docket no. | 07-610 |
Citations | 555 U.S. 207 (more) 129 S. Ct. 798; 172 L. Ed. 2d 552; 2009 U.S. LEXIS 590 |
Case history | |
Prior | Preliminary injunction denied, 382 F. Supp. 2d 181 (D. Me. 2005); summary judgment granted in favor of defendants, 425 F. Supp. 2d 137 (D. Me. 2006); affirmed, 498 F.3d 49 (1st Cir. 2007); cert. granted, 552 U.S. 1178 (2008). |
Holding | |
The local unit of a union may assess non-members a service fee to cover national litigation if that litigation involves collective bargaining or other issues which could conceivably involve the local unit and if the payment by the local unit is reciprocal. | |
Court membership | |
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Case opinions | |
Majority | Breyer, joined unanimously |
Concurrence | Alito, joined by Roberts, Scalia |
Laws applied | |
U.S. Const. amend. I |