Unions Get Good Faith Defense to Fee Clawbacks in Ninth Circuit

Dec. 26, 2019, 7:31 PM

A public sector union in Washington state successfully fought off nonmembers’ bid to revive a class suit seeking a refund of compulsory fees after the Ninth Circuit held Dec. 26 that the union acted in good faith.

The nonmembers argued that the American Federation of State, County and Municipal Employees affiliate ought to be liable for its past collection of agency fees, which were ruled unconstitutional in the U.S. Supreme Court’s 2018 Janus v. AFSCME decision. But the U.S. Court of Appeals for the Ninth Circuit affirmed dismissal and joined the Seventh Circuit in allowing a good faith defense to ...

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