CAMDEN, N.J. (Legal Newsline) – Two Monmouth County, New Jersey school teachers allege the state and a union are going against a U.S. Supreme Court ruling regarding union dues.
Susan G. Fischer and Jeannette Speck, on behalf of themselves and similarly situated, filed a complaint on Nov. 2 in the U.S. District Court for the District of New Jersey against Phil Murphy, in his official capacity as governor of New Jersey; New Jersey Education Association; and the Township of Ocean Education Association allegation violation of their First Amendment rights.
According to the complaint, the plaintiffs are teachers for the Township of Oceans Board of Education and subject to the terms of the TOEA/NJEA collective bargaining agreements with their employer.
They allege in July, they notified their employer and the NJEA union that they resigned their membership and did not consent to any further deduction of union dues. They allege the unions failed to honor their request because of the state's revocation law.
The plaintiffs allege the state is "defying" the U.S. Supreme Court's ruling Janus v. AFSCME, Council 31 "by maintaining and enforcing a law that compels public employees who previously signed dues deduction authorizations to pay union dues as a condition of their employment unless and until the employee provides written notice of revocation during an annual ten (10) day window period."
The plaintiffs request a trial by jury and seek declaratory judgment, award of nominal and compensatory damages, costs, attorneys' fees, and such other and additional relief as the court may deem just and proper. They are represented by Michael P. Laffey of Messina Law Firm PC in Holmdel, New Jersey.
U.S. District Court for the District of New Jersey case number 1:18-cv-15628-RMB-KMW