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LOCKE v. KARASS

No. 06-1747.

498 F.3d 49 (2007)

Daniel B. LOCKE, et al., Plaintiffs, Appellants, v. Edward A. KARASS, State Controller; Maine State Employees Association, SEIU Local 1989, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 8, 2007.

Attorney(s) appearing for the Case

W. James Young, with whom Stephen C. Whiting and The Whiting Law Firm were on brief, for appellants.

Robert W. Alexander, with whom Jeremiah Collins and Bredhoff & Kaiser, PLLC were on brief, for appellees.

Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

This case raises a significant question under the First Amendment: may a union, functioning as the exclusive bargaining agent for certain state employees, charge nonmembers for litigation expenses incurred by its national affiliate, if that litigation is substantively related to the bargaining process and is funded through a pooling arrangement? Two other circuits have responded in the affirmative; one has answered in the negative. Our reading...

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