Before: Cabranes, Straub, and Sack C.JJ.
Decided: Oct. 15, 2009
Appeal from an August 4, 2008 judgment of the United States District Court for the Eastern District of New York (Lois Bloom, Magistrate Judge) denying in part and granting in part plaintiff’s motion to amend an April 10, 2008 opinion and order of the District Court that granted in part and denied in part plaintiff’s motion for summary judgment. We hold that, in an agency shop, (1) a public-sector union’s political activities aimed at securing a new contract may be chargeable to nonmembers if those activities are pertinent to the union’s role as a collective bargaining representative and (2) nonmembers may be required to subsidize lobbying efforts undertaken by a “parent” union of the local public-sector union if the lobbying is related to collective bargaining and may ultimately inure to the benefit of local union members. We also hold that (3) on this record, the District Court erred in upholding the union’s charges to nonmembers for (a) political activity undertaken to secure a new contract, (b) lobbying by the local union’s state affiliate, (c) costs incurred to send union delegates to the state affiliate’s annual convention, and (d) the salaries of the union’s employees. Further, we hold that (4) the District Court erred in dismissing plaintiff’s challenge to the union’s charges for media communications by its national affiliate, and (5) it erred in holding, sua sponte, that plaintiff will be required to arbitrate future claims against the union before filing suit.
Reversed in part, vacated in part, and remanded.
