No. 22-216

Terry C. Cooley v. California Statewide Law Enforcement Association, et al.

Lower Court: Ninth Circuit
Docketed: 2022-09-09
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: constitutional-rights contract-restrictions first-amendment janus-precedent janus-v-afscme public-sector-union public-sector-unions resignation-limitations state-employer-contracts union-membership
Key Terms:
SocialSecurity FirstAmendment LaborRelations Privacy JusticiabilityDoctri
Latest Conference: 2022-11-04
Question Presented (AI Summary)

Does the Constitution allow a public-sector union to enter into a contract with a state employer that restricts a public employee's constitutional right to resign his union membership?

Question Presented (OCR Extract)

question presented is: Does the Constitution allow a public-sector union to enter into a contract with a state employer that restricts a public employee’s constitutional right to resign his union membership? 1. Agreement Between the State of California and California Statewide Law Enforcement Association (CSLEA) Governing Bargaining Unit 7 (2016-2019), article 3.1A1, Dkt. Entry 50-1, at p. 16. (i) 2. On December 17, 2013, Mr. Cooley typed his initials on an online union-membership application that contains the following sentence: “Per the Unit 7 contract and State law, there are limitations on the time period in which an employee can withdraw as a member.” The district court and the Ninth Circuit held that this document established a legally binding contract, and that the terms of this contract obligated Mr. Cooley to remain a member of the CSLEA until June 1, 2019. App. 3a; App. Ya-l1la. But the “Unit 7 contract” that existed at that time was the 2013-2016 agreement between the union and the State, not the 2016-2019 contract that purported to prevent Mr. Cooley from resigning his union membership until June 1, 2019. Under the terms of the 20132016 Unit 7 contract, Mr. Cooley was required to maintain his union membership only until June 1, 2016.’ The question presented is: Did Mr. Cooley promise to maintain his union membership until June 1, 2019, when he initialed the union-membership application on December 17, 2013? 2. Dkt. Entry 50-9. 3. Agreement Between the State of California and California Statewide Law Enforcement Association (CSLEA) Governing Bargaining Unit 7 (2013-2016), article 3.1A1, Dkt. Entry 50-10, at p. 12. (ii)

Docket Entries

2022-11-07
Petition DENIED.
2022-10-19
DISTRIBUTED for Conference of 11/4/2022.
2022-09-27
Waiver of right of respondent California Statewide Law Enforcement Association to respond filed.
2022-09-06
Petition for a writ of certiorari filed. (Response due October 11, 2022)

Attorneys

California Statewide Law Enforcement Association
Christopher M. KolkeyDowney Brand LLP, Respondent
Christopher M. KolkeyDowney Brand LLP, Respondent
Terry Cooley
Jonathan F. MitchellMitchell Law PLLC, Petitioner
Jonathan F. MitchellMitchell Law PLLC, Petitioner