No. 22-216

Terry C. Cooley v. California Statewide Law Enforcement Association, et al.

Lower Court: Ninth Circuit
Docketed: 2022-09-09
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: constitutional-rights contract-restrictions first-amendment janus-precedent janus-v-afscme public-sector-union public-sector-unions resignation-limitations state-employer-contracts union-membership
Latest Conference: 2022-11-04
Question Presented (from Petition)

1. After this Court's ruling in Janus v. American Federation of State, County, and Municipal Employees, Council 31, 138 S. Ct. 2448 (2018), petitioner Terry Cooley resigned his membership in the California State Law Enforcement Association (CSLEA) and demanded that the union stop diverting membership dues from his wages. The union, however, refused to accept Mr. Cooley's resignation and continued tapping his paycheck. The union claimed that its contract with the state of California prohibits employees from resigning their union membership until 30 days before the contract's expiration date, and Article 3.1A1 of this collective-bargaining agreement says that "any employee may withdraw from CSLEA by sending a signed withdrawal letter to CSLEA within thirty (30) calendar days prior to the expiration of this Contract." The district court held that Article 3.1A1's restrictions on union resignations were "valid and enforceable," App. 10a, and the Ninth Circuit affirmed, holding that this collective-bargaining agreement between the union and the state compelled Mr. Cooley to remain a dues-paying union member until June 1, 2019. App. 2a–3a. The question presented is: Does the Constitution allow a public-sector union to enter into a contract with a state employer that restricts a public employee's constitutional right to resign his union membership?

2. On December 17, 2013, Mr. Cooley typed his initials on an online union-membership application that contains the following sentence: "Per the Unit 7 contract and State law, there are limitations on the time period in which an employee can withdraw as a member." The district court and the Ninth Circuit held that this document established a legally binding contract, and that the terms of this contract obligated Mr. Cooley to remain a member of the CSLEA until June 1, 2019. App. 3a; App. 9a–11a. But the "Unit 7 contract" that existed at that time was the 2013–2016 agreement between the union and the State, not the 2016–2019 contract that purported to prevent Mr. Cooley from resigning his union membership until June 1, 2019. Under the terms of the 2013–2016 Unit 7 contract, Mr. Cooley was required to maintain his union membership only until June 1, 2016. The question presented is: Did Mr. Cooley promise to maintain his union membership until June 1, 2019, when he initialed the union-membership application on December 17, 2013?

Question Presented (AI Summary)

Does the Constitution allow a public-sector union to enter into a contract with a state employer that restricts a public employee's constitutional right to resign his union membership?

Docket Entries

2022-11-07
Petition DENIED.
2022-10-19
DISTRIBUTED for Conference of 11/4/2022.
2022-09-27
Waiver of right of respondent California Statewide Law Enforcement Association to respond filed.
2022-09-06
Petition for a writ of certiorari filed. (Response due October 11, 2022)

Attorneys

California Statewide Law Enforcement Association
Christopher M. KolkeyDowney Brand LLP, Respondent
Terry Cooley
Jonathan F. MitchellMitchell Law PLLC, Petitioner