Belgau v. Inslee, No. 19-35137 (9th Cir. 2020)
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The Ninth Circuit affirmed the district court's dismissal of a putative class action brought pursuant to 42 U.S.C. 1983 alleging that deduction of union dues from plaintiffs' paychecks violated the First Amendment. The Supreme Court’s decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31, 138 S. Ct. 2448 (2018), held that compelling nonmembers to subsidize union speech is offensive to the First Amendment.
The panel held that plaintiffs' claims against the union fails under section 1983 for lack of state action, a threshold requirement. The panel also held that plaintiffs' First Amendment claim for prospective relief against Washington state also fails because employees affirmatively consented to deduction of union dues. The panel stated that Janus did not extend a First Amendment right to avoid paying union dues, and in no way created a new First Amendment waiver requirement for union members before dues are deducted pursuant to a voluntary agreement. The panel further held that neither state law nor the collective bargaining agreement compels involuntary dues deduction and neither violates the First Amendment. Therefore, in the face of their voluntary agreement to pay union dues and in the absence of any legitimate claim of compulsion, the district court appropriately dismissed the First Amendment claim against Washington.
Court Description: Civil Rights. The panel affirmed the district court’s dismissal of a putative class action brought pursuant to 42 U.S.C. § 1983 alleging that deduction of union dues from plaintiffs’ paychecks violated the First Amendment. Plaintiffs are public employees who signed membership agreements authorizing Washington state to deduct union dues from their paychecks and transmit them to the Washington Federation of State Employees, AFSCME * The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri, sitting by designation. BELGAU V. INSLEE 3 Council 28 (“WFSE”). They had the option of declining union membership and paying fair-share representation (or agency) fees. After the decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31, 138 S. Ct. 2448 (2018), which held that compelling nonmembers to subsidize union speech is offensive to the First Amendment, employees notified WFSE that they no longer wanted to be union members or pay dues. Per this request, WFSE terminated employees’ union memberships. However, pursuant to the terms of revised membership agreements, Washington continued to deduct union dues from employees’ wages until an irrevocable one-year term expired. The panel held that plaintiffs’ claims against WFSE failed under § 1983 for lack of state action. The panel held that neither Washington’s role in the alleged unconstitutional conduct nor its relationship with WFSE justified characterizing WFSE as a state actor. At bottom, Washington’s role was to enforce a private agreement. See Roberts v. AT&T Mobility LLC, 877 F.3d 833, 844 (9th Cir. 2017) (“there is no state action simply because the state enforces [a] private agreement”). Because the private dues agreements did not trigger state action and independent constitutional scrutiny, the district court properly dismissed the claims against WFSE. Addressing whether the claims for prospective relief against Washington were moot, the panel held that the claims fell within the “capable of repetition yet evading review” mootness exception. The panel held that the challenged action, continued payroll deduction of union dues after an employee objects to union membership, capped at a period of one year, was too short for judicial review to run its course. 4 BELGAU V. INSLEE The panel held that the First Amendment claim for prospective relief against Washington failed because employees affirmatively consented to the deduction of union dues. The panel rejected employees’ argument that the Supreme Court’s decision in Janus voided the commitment they made and now required the state to insist on strict constitutional waivers with respect to deduction of union dues. The panel held that Janus did not extend a First Amendment right to avoid paying union dues, and in no way created a new First Amendment waiver requirement for union members before dues are deducted pursuant to a voluntary agreement. The panel held that neither state law nor the collective bargaining agreement compelled involuntary dues deduction and neither violated the First Amendment. The panel concluded that in the face of plaintiffs’ voluntary agreement to pay union dues and in the absence of any legitimate claim of compulsion, the district court appropriately dismissed the First Amendment claim against Washington.
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