Food service managers in the Burnsville-Savage-Eagan public schools filed a lawsuit in 2021 alleging that the unions they belonged to were violating their free speech rights. On July 28, 2023, the 8th U.S. Circuit Court of Appeals, affirming the district court, determined that the employees failed to state a claim.

The plaintiffs were employed as food service managers who work with school lunch workers. All of the plaintiffs signed a contract to join School Service Employees International Union Local 284, the union that represents service works in the school district. Under the contract, the union deducted monthly union dues from their paychecks, sending those dues to Local 284 on the union members’ behalf.

According to the complaint, however, the plaintiffs were apparently unaware that “they might possibly waive their First Amendment rights related to subsidizing Local 284’s political advocacy by joining Local 284.” Nor were the plaintiffs apparently aware that they had a right to not be a union member and refrain from paying dues to Local 284. “The checkoffs fail to inform employees of their First Amendment rights by merely reciting that the signing of the checkoffs is ’voluntary,’” the complaint asserted.

In March 2020, all of the plaintiffs terminated their union membership. They asked for dues to stop being deducted. Under the contract, deductions will only be terminated if the employee revokes authorization by sending written notice to the employer and union during...

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