A federal judge has dismissed a lawsuit brought by Illinois state workers over union “fair share” fees.
The ruling, handed down earlier this month, was first reported by Capitol Fax on Friday.
The suit was brought by plaintiffs Mark Janus and Brian Trygg, two Illinois state workers who challenged the constitutionality of the mandatory union fees.
Unions collect the fees from workers who opt out of joining a union, but benefit from the collective bargaining process.
The two Illinois state workers led the challenge against the union fees after a similar lawsuit brought by Gov. Bruce Rauner was dismissed back in May. The judge at the time allowed the non-union workers involved with Rauner’s suit to continue with their own case.
On September 13, U.S. District Judge Robert Gettleman granted the defendants’ motion to dismiss the case brought by Janus and Trygg.
The judge cited the U.S. Supreme Court’s March decision in Friedrichs v. California Teachers Association, which affirmed a lower court ruling that upheld union fair share fees “based on the reasoning in Abood.”
Gettleman was referring to the 1977 case Abood v. Detroit Board of Education. The U.S. Supreme Court’s decision in Abood allowed unions to require those they represent, but who are non-union members, to pay “fair share” costs.
“In Friedrichs an equally divided Supreme Court affirmed the Ninth Circuit’s decision upholding fair share fees based on the reasoning in Abood,” Gettleman’s ruling states. “As a result, Abood remains valid and binding precedent.
“Plaintiffs continue to argue that Abood was wrongly decided, but recognize that it remains controlling in the instant case. Consequently, defendants’ motion to dismiss (Doc. 146) is granted.”