Mooney v. Illinois Education Association, No. 19-1774 (7th Cir. 2019)Annotate this Case
Mooney, an Illinois public-school teacher, is not a member of IEA, the union that serves as the exclusive representative of her employee unit in collective bargaining with the school district. The District deducted from her paycheck and sent to the union a fair-share fee that contributed to the costs incurred by the union. The Illinois Public Relations Act and 1977 Supreme Court precedent, Abood, authorized the arrangement. In its 2018 Janus decision, the Supreme Court overruled Abood, holding that compulsory fair share fee arrangements violate the First Amendment rights of persons who would prefer not to associate with the union. State employers in Illinois ceased deducting fair-share fees from the paychecks of nonmembers of public-sector unions. Mooney filed a putative class action (42 U.S.C. 1983) for the fees that had previously been deducted from her pay. The Seventh Circuit affirmed the dismissal of Mooney’s claims, joining the consensus across the country. Unions that collected fair-share fees prior to Janus, in accordance with state law and Abood, are entitled to assert a good-faith defense to section 1983 liability. The court rejected Mooney’s argument that she was not seeking damages and that an equitable demand for restitution cannot be defeated on good-faith grounds. The gravamen of Mooney’s complaint is that her First Amendment rights were violated by the fair-share requirement; her claim lies in law rather than equity.