No. 24-122

Michael Craine v. American Federation of State, County, and Municipal Employees Council 36, Local 119, et al.

Lower Court: Ninth Circuit
Docketed: 2024-08-02
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: constitutional-rights first-amendment free-association free-speech municipal-liability public-employee state-action union-dues union-membership
Key Terms:
SocialSecurity FirstAmendment DueProcess LaborRelations Privacy JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether the First Amendment protects a public employee's right to resign union membership and stop government-deducted union dues

Question Presented (OCR Extract)

QUESTIONS PRESENTED The right to “dissolve the political bands which have connected” the people and government is older than the country itself and is enshrined in the First Amendment’s guarantees of free association and free speech. THE DECLARATION OF INDEPENDENCE { 1 (U.S. 1776). Yet, here, the Ninth Circuit failed to apply these vital protections when Los Angeles County prohibited its employee Michael Craine from severing ties with a union—a private political organization—using a discretionary policy it collectively bargained with the union which forced him to maintain membership in, and funding of, that union after he attempted to resign union membership and stop the County’s deduction of dues from his wages. This Court has never held that the First Amendment protects a public employee’s rights to resign union membership and stop a government employer’s union dues deductions, or that a government employer and union are liable if they violate those rights. Petitioner Craine requests that the Court do so here for the first time. The questions presented are: 1. Whether the First Amendment’s guarantee of free association protects a public employee’s right to resign membership in a union. 2. Whether the First Amendment’s guarantee of free speech protects a public employee’s right to stop a government’s deduction of union dues from his wages. 3. Whether a local municipality is liable for damages if it deprives a public employee of constitutional rights pursuant to a discretionary policy it (i) ll chose to collectively bargain with a union which compels an objecting public employee to continue union membership and dues payments. 4. Whether a union acts “under color of law” when it instructs a government employer to deduct union dues from a public employee’s wages pursuant to state law and a policy it collectively bargained with the government employer which compels an objecting public employee to continue union membership and dues payments.

Docket Entries

2024-10-07
Petition DENIED.
2024-08-28
DISTRIBUTED for Conference of 9/30/2024.
2024-08-23
Waiver of right of respondent California Attorney General Rob Bonta to respond filed.
2024-08-22
Waiver of American Federation of State, County, and Municipal Employees Council 36, Local 119 of right to respond submitted.
2024-08-22
Waiver of right of respondents American Federation of State, County, and Municipal Employees Council 36, Local 119 to respond filed.
2024-08-21
Waiver of County of Los Angeles of right to respond submitted.
2024-08-21
Waiver of right of respondent County of Los Angeles to respond filed.
2024-07-31
Petition for a writ of certiorari filed. (Response due September 3, 2024)
2024-06-24
Application (23A1131) granted by Justice Kagan extending the time to file until July 31, 2024.
2024-06-17
Application (23A1131) to extend the time to file a petition for a writ of certiorari from July 1, 2024 to July 31, 2024, submitted to Justice Kagan.

Attorneys

American Federation of State, County, and Municipal Employees Council 36, Local 119
Scott A. KronlandAltshuler Berzon, LLP, Respondent
Scott A. KronlandAltshuler Berzon, LLP, Respondent
California Attorney General Rob Bonta
Anya BinsaccaCalifornia Department of Justice, Respondent
Anya BinsaccaCalifornia Department of Justice, Respondent
County of Los Angeles
David Arthur UrbanLiebert Cassidy Whitmore, Respondent
David Arthur UrbanLiebert Cassidy Whitmore, Respondent
Michael Craine
James Gideon AbernathyFreedom Foundation, Petitioner
James Gideon AbernathyFreedom Foundation, Petitioner