No. 25-280

Tracy Cox, et al. v. Association of Oregon Corrections Employees, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2025-09-10
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-protection disassociation-rights first-amendment government-unions public-employees union-membership
Key Terms:
Arbitration SocialSecurity FirstAmendment DueProcess LaborRelations Privacy JusticiabilityDoctri Jurisdiction
Latest Conference: 2025-11-07
Question Presented (AI Summary)

Does the First Amendment protect a public employee's right to disassociate from the union?

Question Presented (OCR Extract)

The First Amendment protects public employees against public sector unions’ efforts to compel speech and association through mandatory membership or payment of union dues. Abood v. Detroit Bd. of Ed., 431 U.S. 209 (1977); Janus v. Am. Fed’n of State, Cnty., & Mun. Emps., Council 31, 585 U.S. 878 (2018). Government unions, however, increasingly violate the First Amendment by refusing to allow members to disassociate – to resign – from union membership when once it has been entered. In Oregon, the State grants government unions the right to control membership and dues deductions. The government union violated the Petitioner’s right to disassociate by charging $500 if they later decide to rejoin the union, and by requiring them to waive the union’s duty to fairly represent them. The courts below concluded that the First Amendment does not protect employees against their union, and therefore the union can confidently place any burden on employees’ right to resign. The question presented is: Does the First Amendment protect a public employee’s right to disassociate from the union?

Docket Entries

2025-11-10
Petition DENIED.
2025-10-22
DISTRIBUTED for Conference of 11/7/2025.
2025-09-26
Waiver of Oregon Department of Administrative Services; Katy Coba; and Colette S. Peters of right to respond submitted.
2025-09-26
Waiver of right of respondents Oregon Department of Administrative Services; Katy Coba; and Colette S. Peters to respond filed.
2025-09-08
Petition for a writ of certiorari filed. (Response due October 10, 2025)
2025-06-18
Application (24A1248) granted by Justice Kagan extending the time to file until September 7, 2025.
2025-06-12
Application (24A1248) to extend the time to file a petition for a writ of certiorari from July 9, 2025 to September 7, 2025, submitted to Justice Kagan.

Attorneys

Oregon Department of Administrative Services; Katy Coba; and Colette S. Peters
Benjamin Noah GutmanOregon Department of Justice, Respondent
Benjamin Noah GutmanOregon Department of Justice, Respondent
Tracy Cox et al.
Rebekah Christine SchultheissFreedom Foundation, Petitioner
Rebekah Christine SchultheissFreedom Foundation, Petitioner