In Thompson v. Marietta [OH] Education Ass’n, (6th Cir. No. 19-4217, 8/25/20), the court affirmed summary judgment for a teachers’ union and school board against Thompson’s claims that Ohio’s system of exclusive representation for teachers violated her free speech rights under the U.S. Supreme Court’s holding in Janus v. AFSCME, 138 S. Ct. 2448 (2018). Under Ohio law, a union becomes the exclusive bargaining representative for all public employees in a bargaining unit. Thompson disagreed with the union’s policies and was not a member of the union. She filed suit, arguing Ohio law violated her First Amendment rights. The Sixth Circuit affirmed summary judgment against her claims, joining other circuits in holding the U.S. Supreme Court’s decision in Minnesota State Board for Community Colleges v. Knight, 104 S.Ct. 1058 (1984) which survived the Janus decision, permits exclusive representatives to speak for all employees of the bargaining unit during collective bargaining. The court acknowledged that Knight conflicts with Janus but was not overruled by the Janus decision.
Archives
- January 2021
- December 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- March 2020
- February 2020
- January 2020
- April 2019
- March 2019
- February 2019
- January 2019
- February 2018
- September 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- August 2016
- July 2016
Categories
Recent Posts
- “Hire Younger Tellers” – No Direct Evidence of Age Bias in Sixth Circuit
- No Appellate Jurisdiction for Review of Motion to Dismiss under FAA
- Sixth Circuit Finds District Court Misapplied Diversity Jurisdiction under FAA
- Sixth Circuit Upholds Discharge of Employee for Racial Slurs on Facebook
- Fifth Circuit Compels Arbitration Under Whistleblower Statute for Federal Contractors