Richards v. Nat'l Labor Relations Bd., No. 12-1973 (7th Cir. 2012)
Annotate this CaseLabor unions allowed non-union members, part of their bargaining units, to opt out of paying dues used to support political and other activities unrelated to collective bargaining, contract administration, or grievance adjustment, pursuant to CWA v. Beck, 487 U.S. 735 (1988). The unions required that objections be renewed annually basis to remain opted-out. Nonmember employees filed unfair labor practice charges, arguing that the annual renewal policies violated the unions’ duty of fair representation by placing an undue burden on objectors. Although they did not seek refunds for themselves because they were always opted-out, they sought refunds for others who filed objections at one time, but failed to renew. The NLRB struck down the annual renewal policies, but did not grant refunds. The Seventh Circuit declined to address an appeal and an argument that the April 2012 final NLRB orders were not legitimate because the President’s January 4, 2012 recess appointments of three of the five NLRB members were invalid. Plaintiffs lacked standing to appeal since the NLRB struck down the annual renewal policies, which were the only source of injury each suffered. They no longer suffer an injury-in-fact and do not satisfy the statutory “aggrieved” requirement, 29 U.S.C. 160(f).
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