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Thompson v. AFSCME Council 89, Local 4013

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Thompson v. AFSCME Council 89, Local 4013
Case number: 1:19-cv-00536
Status: Terminated
Important dates
Filed: March 27, 2019
District court decision: July 29, 2019
Appeals court decision:
District court outcome
The plaintiff voluntarily dismissed the case.

This case is one of over a hundred public-sector union lawsuits Ballotpedia tracked following the U.S. Supreme Court's 2018 decision in Janus v. AFSCME. These pages were updated through February 2023 and may not reflect subsequent case developments. For more information about Ballotpedia's coverage of public-sector union policy in the United States, click here. Contact our team to suggest an update.

Thompson v. AFSCME Council 89, Local 4013 was terminated before the United States District Court for the Middle District of Pennsylvania on July 29, 2019. The plaintiff voluntarily dismissed the claims. In the plaintiff’s original complaint, the plaintiff contended that the union violated his first amendment’s rights by only allowing the plaintiff to opt out of union membership during an annual 15-day period and continually deducting dues from the plaintiff’s paycheck.[1][2][3]

HIGHLIGHTS
  • The parties to the suit: The plaintiff was Curtis Thompson. The defendants were American Federation of State, County and Municipal Employees, District Council 89, Local 4013, Cumberland Valley School District, Steve Mullen, and Frederick S. Withum, III.
  • The issue: The plaintiff was challenging the constitutionality of the union’s 15-day opt out period and continued deduction of dues despite plaintiff’s wish to resign from union membership.
  • The presiding judge(s): Judge Sylvia Rambo. She joined the court in 1979 after being nominated by President Jimmy Carter.
  • The outcome: The plaintiff voluntarily dismissed the case prior to judgment.

    • Procedural history

    The plaintiff was Curtis Thompson. He was represented by attorneys from The Fairness Center. The defendants were American Federation of State, County and Municipal Employees, District Council 89, Local 4013, Cumberland Valley School District, Steve Mullen, and Frederick S. Withum, III. They were represented by attorneys from Willig, Williams & Davidson and Johnson, Duffie, Stewart & Weidner.[1]

    The plaintiffs in Thompson v. AFSCME Council 89, Local 4013 first filed their lawsuit on March 27, 2019, in the United States District Court for the Middle District of Pennsylvania. The plaintiff challenged the constitutionality of the defendant union’s 15-day opt out period and continued deduction of dues despite plaintiff’s wish to resign from union membership.[1][2][3]

    • March 27, 2019: Plaintiff files complaints seeking damages and summary judgment against defendants.
    • April 15, 2019: Defendants file for an extension of time to reply to the plaintiff’s complaints, which is granted the same day.
    • June 18, 2019: Defendants file for another extension of time to reply to the plaintiff’s complaints, which is granted the next day.
    • July 29, 2019: Plaintiff volunatiry dismisses the complaint.

    For a list of available case documents, click here.

    Decision

    On July 29, 2019, the plaintiff voluntarily dismissed the claim prior to the court’s judgment.

    Legal context

    Janus v. AFSCME (2018)

    See also: Janus v. AFSCME

    On June 27, 2018, the Supreme Court of the United States issued a 5-4 decision in Janus v. American Federation of State, County, and Municipal Employees (Janus v. AFSCME), ruling that public-sector unions cannot compel non-member employees to pay fees to cover the costs of non-political union activities.[4]

    This decision overturned precedent established in Abood v. Detroit Board of Education in 1977. In Abood, the high court held that it was not a violation of employees' free-speech and associational rights to require them to pay fees to support union activities from which they benefited (e.g., collective bargaining, contract administration, etc.). These fees were commonly referred to as agency fees or fair-share fees.[4]

    Justice Samuel Alito authored the opinion for the court majority in Janus, joined by Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas, and Neil Gorsuch. Alito wrote, "Abood was poorly reasoned. It has led to practical problems and abuse. It is inconsistent with other First Amendment cases and has been undermined by more recent decisions. Developments since Abood was handed down have shed new light on the issue of agency fees, and no reliance interests on the part of public-sector unions are sufficient to justify the perpetuation of the free speech violations that Abood has countenanced for the past 41 years. Abood is therefore overruled."[4]

    Related litigation

    To view a complete list of the public-sector labor lawsuits Ballotpedia tracked between 2019 and 2023, click here.

    Number of federal lawsuits by circuit

    Between 2019 and 2023, Ballotpedia tracked 191 federal lawsuits related to public-sector labor laws. The chart below depicts the number of suits per federal judicial circuit (i.e., the jurisdictions in which the suits originated).

    Public-sector labor lawsuits on Ballotpedia

    See also: Public-sector union policy in the United States, 2018-2023

    Click show to view a list of cases with links to our in-depth coverage.

    v • e
    Public-sector labor lawsuits
    Federal lawsuits

    Adams v. Teamsters Union Local 429 • Akers v. Maryland State Education Association • Aliser v. SEIU California • Allen v. Ohio Civil Service Employees Association • Allen v. Santa Clara County Correctional • Anderson v. SEIU Local 503 • Babb v. California Teachers Association • Baisley v. International Association of Machinists and Aerospace Workers • Belgau v. Inslee • Bennett v. AFSCME • Bermudez v. SEIU Local 521 • Bierman v. Dayton • Boudreaux v. Louisiana State Bar • Boyle v. SEIU California • Brice v. California Faculty Association • California v. Azar • Campos v. Fresno Deputy Sheriff’s Association • Carey v. Inslee • Casanova v. IAM Local 701 • Chandavong et al. v. Fresno Deputy Sheriff's Association et al. • Cook v. Brown • Cooley v. California Statewide Law Enforcement Association • Crowe v. Oregon State Bar • Cruz v. Union Independiente Autentica de Empleados de la Autoridad de Acueductos y Alcantarillados • Danielson v. Inslee • Diamond v. Pennsylvania State Education Association • Doughty v. State Employees Association of New Hampshire, SEIU, Local 1984 • Durst v. OEA • Few v. United Teachers Los Angeles • File v. Hickey • Fischer v. Murphy • Fisk v. Inslee • Fizer v. Ohio Association of Public School Employees • Fleck v. Wetch • Grega v. Council of New Jersey State College Locals • Grossman v. Hawaii Government Employees Association • Gruber v. Oregon State Bar • Guppy v. City of Los Angeles • Halloran v. AFSCME Council 5 • Hamidi v. SEIU • Hannay v. Kent State • Hartnett v. Penn. State Education Association • Hendrickson v. AFSCME Council 18 • Hernandez v. AFSCME California • Hoekman v. Education Minnesota • Hough v. SEIU Local 521 • Imhoff v. California Teachers Association • Jackson v. Napolitano • James v. SEIU Local 688 • Janus v. AFSCME • Jarchow v. Wisconsin • Kabler v. United Food and Commercial Workers Union, Local 1776 Keystone State • Wenzig v. SEIU Local 668 • Kopie v. International Federation of Professional and Technical Employees • Kurk v. Los Rios Classified Employees Association • Lamberty et al. v. Connecticut State Police Union et al. • LaSpina v. SEIU Pennsylvania State Council • Lee v. Ohio Education Association • Leitch v. AFSCME • Littler v. Ohio Association of Public School Employees • Loescher v. Teamsters Local 320 • Lutter v. JNESO • Mandel v. SEIU Local 73 • Marsh v. AFSCME Local 3299 • Martin v. California Teachers Association • Masuo v. AFSCME AFL-CIO • Matthews v. United Teachers of Los Angeles • Mattos v. AFSCME Council 3 • Mayer v. Wallingford-Swathmore School District • McCain v. Ventura County Federation of College Teachers, AFT Local 1828 • McCollum v. NEA-Alaska • McCutcheon v. CWA Local 7076 • McDonald v. Firth • Mendez v. CTA • Miller v. Inslee • Misja v. PSEA • Molina v. SEIU Local 668 • Mooney v. Illinois Education Association • Nearman v. SEIU Local 503 • Neely v. AFSCME Council 13 • Nguyen v. Admin. and Residual Employees Union • Nichols v. Home Care Providers Union • O'Callaghan v. Drake • Ochoa v. Public Consulting Group • Ocol v. Chicago Teachers Union • Ogle v. Ohio Civil Service Employees Association, AFSCME, Local 11 • Oliver v. SEIU Local 668 • Pellegrino v. New York State United Teachers • Penning v. SEIU Local 1021 • Polk v. Yee • Popp v. ALPAI • Piekarski v. AFSCME Council 5 • Quirarte v. UDW AFSCME Local 3930 • Reisman v. Associated Faculties of the University of Maine • Rizzo-Rupon v. International Association of Machinists and Aerospace Workers, District Lodge 141 • Routh v. Inslee • Schaszberger v. AFSCME Council 13 • Schell v. Oklahoma Supreme Court Justices • Schumaker v. Inslee • Seager v. UTLA • Seidemann v. Professional Staff Congress • Smith v. AFSCME Council No. 8 • Smith v. New Jersey Education Association • Smith v. Bieker • Solomon v. AFSCME District Council 37 • Stroeder v. Service Employees International Union, Local 503 • Sweeney v. Raoul • Sweet v. California Association of Psychiatric Technicians • Taylor v. Heath • Thompson v. AFSCME Council 89, Local 4013 • Thompson v. Marietta Education Association • Thulen v. AFSCME • Uradnik v. Inter Faculty Org. • Utke v. University of Connecticut American Association of University Professors • Weyandt v. PSCOA • Wholean v. CSEA SEIU Local 2001 • Wilford v. National Education Association • Williams v. PSEA • Wolf v. University Professional & Technical Employees • Yates v. Hillsboro Unified School District • Yohn v. California Teachers Association

    See also

    Footnotes

    1. ↑ 1.0 1.1 1.2 Pacer Monitor, "Thompson v. American Federation of State, County and Municipal Employees, District Council 89, Local 4013 et al," accessed September 21, 2020
    2. ↑ 2.0 2.1 The Fairness Center, "BACKGROUNDER (MARCH 2019)," accessed September 21, 2020
    3. ↑ 3.0 3.1 Thompson v. AFSCME, District Council 89, "News," accessed September 21, 2020
    4. ↑ 4.0 4.1 4.2 Supreme Court of the United States, Janus v. American Federation of State, County, and Municipal Employees, Council 31, et al., June 27, 2018
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    Public-sector union policy in the United States
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