Supreme Court of the United States · Official docket →
Ariadna Ramon Baro v. Lake County Federation of Teachers Local 504, IFT-AFT/AFL-CIO, et al.
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 22-1722 · judgment January 6, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In Janus v. AFSCME, this Court held that government employers may not withhold money from an employee on behalf of a union unless the employee affirmatively consents to waive their First Amendment right to not pay money to a union. 138 S. Ct. 2448, 2486 (2018). Waiver cannot be presumed and must be freely given and shown by clear and compelling evidence. Id. Petitioner Ariadna Ramon Baro signed a union membership card believing that she was required to join the union and not knowing that she had a right to not pay money to the union. The question presented is may a government employer withhold money from an employee on behalf of a union based solely on the employee’s signature on a union membership card when the employer does not have clear and compelling evidence that the employee knew of their right under Janus to not pay money to a union and intended to waive that right?
Counsel of record
For petitioner
Jeffrey Michael Schwab
Liberty Justice Center
For respondent
William R. Pokorny
Franczek P.C.
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 12 2023Petition DENIED.
- May 23 2023DISTRIBUTED for Conference of 6/8/2023.
- May 15 2023Waiver of right of respondent Waukegan Community School District No. 60 to respond filed.
- May 15 2023Waiver of right of respondent Lake County Federation of Teachers Local 504, IFT-AFT/AFL-CIO to respond filed.
- May 08 2023Petition for a writ of certiorari filed. (Response due June 9, 2023)