Ocol v. Chicago Teachers Union, No. 20-1668 (7th Cir. 2020)
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In its 2018 “Janus” holding, the Supreme Court reversed course on 41 years of jurisprudence sanctioning agreements between state-government agencies and unions authorizing the unions to collect fair-share fees from non-union members to cover costs incurred representing them. Ocol, a math teacher in the Chicago public school system, filed a putative class action under 42 U.S.C. 1983 and 28 U.S.C. 2201 against the Unions, the Attorney General of Illinois, and members of the Illinois Educational Labor Relations Board, seeking recovery of payments he had previously made under protest to the Union. He also challenged the constitutionality of the exclusive representation provisions of Illinois law as they applied to non-union members.
The Seventh Circuit affirmed the rejection of all of his claims. Acknowledging circuit precedent, Ocol conceded defeat on his Section 1983 claim for a refund of his fair-share payments and his First Amendment challenge to exclusive representation. The court granted Ocol’s request for summary affirmance so that he may seek a petition for certiorari to pursue his arguments in the Supreme Court.
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