No. 19-51

Ben Branch, et al. v. Massachusetts Department of Labor Relations, et al.

Lower Court: Massachusetts
Docketed: 2019-07-08
Status: Denied
Type: Paid
Amici (2)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: bargaining-representative civil-rights compelled-speech constitutional-rights due-process exclusive-representation first-amendment free-speech political-activity political-autonomy public-employee state-action union-representation
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (from Petition)

When a public employee union uses its government-granted authority as employees' exclusive bargaining representative to compel employees to choose between a voice and a vote in their working conditions and their political autonomy, is that choice so attributable to the state as to trigger First Amendment protection?

2. Under the First and Fourteenth Amendments to the United States Constitution, may a state allow an exclusive bargaining representative to muzzle the speech of employees by denying them a voice and a vote in their working conditions if they choose to refrain from financially supporting partisan union politics?

Question Presented (AI Summary)

Whether a public employee union's use of its government-granted authority as exclusive bargaining representative to compel employees to choose between a voice and a vote in their working conditions and their political autonomy triggers First Amendment protection

Docket Entries

2020-01-13
Petition DENIED.
2019-12-11
DISTRIBUTED for Conference of 1/10/2020.
2019-12-05
Reply of petitioners Ben Branch, et al. filed.
2019-11-22
Brief of Union Respondents Massachusetts Society of Professors/MTA/NEA, et al. in opposition filed.
2019-11-22
Brief of respondents Department of Labor Relations, Commonwealth Employment Relations Board, et al. in opposition filed.
2019-09-17
Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2019.
2019-09-12
Motion to extend the time to file a response from September 23, 2019 to November 22, 2019, submitted to The Clerk.
2019-08-23
Response Requested. (Due September 23, 2019)
2019-08-14
DISTRIBUTED for Conference of 10/1/2019.
2019-08-07
Brief amicus curiae of Pioneer Institute filed.
2019-08-06
Waiver of right of respondents Department of Labor Relations, Commonwealth Employment Relations Board, et al. to respond filed.
2019-08-06
Waiver of right of respondents Massachusetts Society of Professors/MTA/NEA; Hanover Teachers Association/MTA/NEA; Professional Staff Union/MTA/NEA to respond filed.
2019-07-25
Brief amicus curiae of Pacific Legal Foundation filed.
2019-07-08
Petition for a writ of certiorari filed. (Response due August 7, 2019)

Attorneys

Ben Branch, et al.
Bruce N. CameronNational Right to Work Legal Defense Foundation, Inc., Petitioner
Department of Labor Relations, Commonwealth Employment Relations Board, et al.
Timothy James CaseyMassachusetts Attorney General's Office, Respondent
Massachusetts Society of Professors/MTA/NEA; Hanover Teachers Association/MTA/NEA; Professional Staff Union/MTA/NEA
Jeffrey William BurrittNational Education Association, Respondent
Pacific Legal Foundation
Deborah Joyce La FetraPacific Legal Foundation, Amicus
Pioneer Institute
Mark Gerard MatuschakWilmer Cutler Pickering Hale and Dorr LLP, Amicus