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Monday, October 19, 2026

Union Station: Ninth Circuit panel upholds California law prohibiting public employers from discouraging union membership or dues authorizations – Ballotpedia News - Ballotpedia News

On Feb. 7, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit upheld a California law prohibiting public employers from discouraging union membership or dues deduction authorizations.

About the ruling

On Feb. 21, 2020, seven plaintiffs—”elected members of various local California government bodies, including city councils, school boards, and community college and special purpose districts”—filed a complaint in the U.S. District Court for the Central District of California challenging California Government Code Section 3550. The defendants were the members and general counsel of the California Public Employment Relations Board (PERB).

The law in question states:

“A public employer shall not deter or discourage public employees or applicants to be public employees from becoming or remaining members of an employee organization, or from authorizing representation by an employee organization, or from authorizing dues or fee deductions to an employee organization. This is declaratory of existing law.”

The plaintiffs said the law’s “threat of liability, coupled with a complete lack of guidance as to compliance” was “chilling the ability of elected officials … to speak freely about public employee unions and the implications of collective bargaining proposals coming before the city councils or boards on which they serve.” The plaintiffs alleged the law violated the First Amendment and asked the court to declare it unconstitutional.

On Aug. 25, 2020, Judge...



Read Full Story: https://news.ballotpedia.org/2022/02/11/union-station-ninth-circuit-panel-uph...