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Labor & Employment Law

: New York Public Personnel Law

United States Supreme Court to rule on State's ban on use of union fees for political activity

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United States Supreme Court to rule on State's ban on use of union fees for political activity
Ysursa v. Pocatello Education Association, USSC No. 07-869 [Arguments heard November 3, 2008]

The State of Iowa?s Voluntary Contributions Act barred school districts and other local governmental entities from permitting employees to authorize voluntarily deductions from their paychecks for political causes such as for an employee organization?s political action fund. The Idaho Education Association, contending that the Act constitutes an infringement of their First Amendment rights of free speech and association, sued.

The district court held that the ban on payroll deductions was constitutional as applied to the state government itself, but unconstitutional as applied to private and local government employers, which ruling was affirmed by the US Circuit Court of Appeals, 9th Circuit [504 F.3d 1053]. The State appealed, asking the Supreme Court to uphold the constitutionality of the Act's ban with respect to local government employers as well as the State government.

Full post as published by New York Public Personnel Law on November 17, 2008 (boomark / email).

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