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The United States Law Week

N.J. Teachers Union Beats Fee Clawback Suit; Contracts Valid

Nov. 29, 2019, 6:33 PM

A group of current and former New Jersey public school teachers had valid and enforceable union contracts and can’t recoup mandatory representation fees, a New Jersey federal judge ruled.

Teachers in the union sought to end their membership, while nonmembers wanted to recover past payments after the U.S. Supreme Court in 2018 shot down mandatory public sector union fees. But their fee contracts were valid and their unions relied in good faith on past precedent allowing mandatory payments, the U.S. District Court for the District of New Jersey said Nov. 27.

New Jersey teachers previously had two options: pay full...

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