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KNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION

Docket No.: 10-1121
Certiorari Granted: 06/27/11
Argued: January 10, 2012
Decided: 06/21/12

Topics:

Arbitration, Article I, First Amendment, Fourteenth Amendment, Freedom of Association, Unions, pension plan, public-sector unions, stare decisis

PartyNames: Dianne Knox, et al. v. Service Employees International Union, Local 1000
Petitioner: Dianne Knox, et al.
Respondent: Service Employees International Union, Local 1000

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 628 F.3d 1115

Dianne Knox, et al.
v.
Service Employees International Union, Local 1000
Question Presented:

1. In Teachers Local No. 1 v. Hudson, this Court held that "[b]asic considerations of fairness, as well as concern for the First-Amendment rights at stake, ... dictate that the potential objectors be given sufficient information to gauge the propriety of the union's [agency] fee" extracted from nonunion public employees. 475 U.S. 292, 306 (1986). May a State, consistent with the First and Fourteenth Amendments, condition employment on the payment of a special union assessment intended solely for political and ideological expenditures without first providing a Hudson notice that includes information about that assessment and provides an opportunity to object to its exaction? 2. In Lehnert v. Ferris Faculty Ass'n, this Court held that "the State constitutionally may not compel its employees to subsidize legislative lobbying or other political union activities outside the limited context of contract ratification 01' implementation." 500 U.S. 507, 522 (1991) (opinion of Blackmun, J.); accord id. at 559 (opinion of Scalia, J.) (concurring as to "the challenged lobbying expenses"). May a State, consistent with the First and Fourteenth Amendments, condition continued public employment on the payment of union agency fees for purposes of financing political expenditures for ballot measures?

Question:

(1) May a State, consistent with the First and Fourteenth Amendments, condition employment on the payment of a special union assessment intended solely for political and ideological expenditures without first providing a notice that includes information about that assessment and provides an opportunity to object to its exaction? (2) May a State, consistent with the First and Fourteenth Amendments, condition continued public employment on the payment of union agency fees for purposes of financing political expenditures for ballot measures?

Note:

the potential objectors be given sufficient information to gauge the propriety of the union's [agency] fee" extracted from nonunion public employees. 475 U.S. 292, 306 (1986). May a State, consistent with the First and Fourteenth Amendments, condition employment on the payment of a special union assessment intended solely for political and ideological expenditures without first providing a Hudson notice that includes information about that assessment and provides an opportunity to object to its exaction? 2. In Lehnert v. Ferris Faculty Ass'n, this Court held that "the State constitutionally may not compel its employees to subsidize legislative lobbying or other political union activities outside the limited context of contract ratification 01' implementation." 500 U.S. 507, 522 (1991) (opinion of Blackmun, J.); accord id. at 559 (opinion of Scalia, J.) (concurring as to "the challenged lobbying expenses"). May a State, consistent with the First and Fourteenth Amendments, condition continued public employment on the payment of union agency fees for purposes of financing political expenditures for ballot measures?

KNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION
ORAL ARGUMENT

01/10/12

Listen to Oral Argument in KNOX v. SERVICE EMPLOYEES INTERNATIONAL UNION
Holding: REVERSED AND REMANDED
Vote: 7-2
Majority: Alito, Chief Justice Roberts, Scalia, Kennedy, Thomas
Concurring: Sotomayor,Ginsburg
Dissenting: Breyer, Kagan
Opinion By:
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