Knox v. Service Employees International Union

Case Date: 01/10/2012
Docket No: none

Facts of the Case 

All California state employees are required to pay a fee to the Service Employees International Union for its representation of them, and the union is required to tell employees how the money is spent and how to object. The union wanted to collect a special assessment for a "Political Fight Back Fund" in 2005. But some nonmembers wanted the union to give them a new notice and a new chance to object. They filed a class-action lawsuit seeking declaratory and injunctive relief and equitable restitution for violations of the nonmembers' rights under the First and Fourteenth Amendments. The district court agreed, siding with the nonmembers. However, the U.S. Court of Appeals for the Ninth Circuit reversed.

Question 

(1) May a State, consistent with the First and Fourteenth Amendments, condition employment on the payment of a special union assessment intended solely for political and ideological expenditures without first providing a notice that includes information about that assessment and provides an opportunity to object to its exaction?

(2) May a State, consistent with the First and Fourteenth Amendments, condition continued public employment on the payment of union agency fees for purposes of financing political expenditures for ballot measures?

Argument Knox v. Service Employees International Union - Oral ArgumentFull Transcript Text  Download MP3