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N.Y. Teacher Unions Get Good Faith Defense Against Fee Clawbacks

Jan. 13, 2020, 5:25 PM

New York public university professors can’t pursue their bid to claw back agency fees because the unions that collected the fees relied in good faith on pre-2018 U.S. Supreme Court precedent, a Manhattan federal judge said.

The professors sought to represent a class of non-union members who had compulsory agency fees meant to cover the costs of collective bargaining deducted from their paychecks before the Supreme Court ruled such fees unconstitutional in Janus v. AFSCME in 2018.

But the unions—including the American Federation of Teachers, the National Education Association, and affiliates—relied in good faith on a 1977 Supreme Court decision...

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