No. 22-1096

Ariadna Ramon Baro v. Lake County Federation of Teachers Local 504, IFT-AFT/AFL-CIO, et al.

Lower Court: Seventh Circuit
Docketed: 2023-05-10
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: collective-bargaining consent employee-rights first-amendment government-employer janus-v-afscme union-membership waiver waiver-doctrine
Key Terms:
FirstAmendment Privacy
Latest Conference: 2023-06-08
Question Presented (AI Summary)

May a government employer withhold money from an employee on behalf of a union based solely on the employee's signature on a union membership card when the employer does not have clear and compelling evidence that the employee knew of their right under Janus to not pay money to a union and intended to waive that right?

Question Presented (OCR Extract)

QUESTION PRESENTED In Janus v. AFSCME, this Court held that government employers may not withhold money from an employee on behalf of a union unless the employee affirmatively consents to waive their First Amendment right to not pay money to a union. 138 8. Ct. 2448, 2486 (2018). Waiver cannot be presumed and must be freely given and shown by clear and compelling evidence. Id. Petitioner Ariadna Ramon Baro signed a union membership card believing that she was required to join the union and not knowing that she had a right to not pay money to the union. The question presented is may a government employer withhold money from an employee on behalf of a union based solely on the employee’s signature on a union membership card when the employer does not have clear and compelling evidence that the employee knew of their right under Janus to not pay money to a union and intended to waive that right?

Docket Entries

2023-06-12
Petition DENIED.
2023-05-23
DISTRIBUTED for Conference of 6/8/2023.
2023-05-15
Waiver of right of respondent Waukegan Community School District No. 60 to respond filed.
2023-05-15
Waiver of right of respondent Lake County Federation of Teachers Local 504, IFT-AFT/AFL-CIO to respond filed.
2023-05-08

Attorneys

Ariadna Ramon Baro
Jeffrey Michael SchwabLiberty Justice Center, Petitioner
Jeffrey Michael SchwabLiberty Justice Center, Petitioner
Lake County Federation of Teachers Local 504, IFT-AFT/AFL-CIO
Joshua B. ShiffrinBredhoff & Kaiser PLLC, Respondent
Joshua B. ShiffrinBredhoff & Kaiser PLLC, Respondent
Waukegan Community School District No. 60
William R. PokornyFranczek P.C., Respondent
William R. PokornyFranczek P.C., Respondent