Supreme Court Docket Report - Decision Alert - January 21, 2009

Originally published January 21, 2009

Keywords: Locke, Karass, union shops, collective bargaining, litigation expenses, Ellis v. Brotherhood of Railway Clerks, Lehnert v. Ferris Faculty Ass'n, litigation expenses, Fitzgerald v. Barnstable School Committee, gender discrimination

Today the Supreme Court issued a decision, described below, of interest to the business community.

Locke v. Karass, No. 07-610 (previously discussed in the February 19, 2008 Docket Report).

In a series of prior cases, the Supreme Court had addressed the First Amendment implications of "union shops," where the government requires union membership, or payment of a service fee, as a condition of employment. The Supreme Court had previously held that unions can charge nonmembers a service fee to cover expenses related to collective bargaining and contract administration, but cannot charge nonmembers to support political or ideological expression. A circuit split developed regarding