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

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.”1 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?

Agreement Between the State of California and California Statewide Law Enforcement Association (CSLEA) Governing Bargaining Unit 7 (2016–2019), article 3.1A1, Dkt. Entry 50-1, at p. 16. (i)