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SEIDEMANN v. BOWEN

Docket No. 08-3922-cv.

584 F.3d 104 (2009)

David SEIDEMANN, personally and in his capacity as a member of the Brooklyn College Faculty, Plaintiff-Appellant, v. Barbara BOWEN, personally and in her capacity as President of the PSC/ CUNY, PSC/CUNY, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 15, 2009.

Attorney(s) appearing for the Case

Phineas E. Leahey (Todd R. Geremia, on the brief), Jones Day, New York, NY, for David Seidemann.

James R. Sandner (Christopher M. Callagy, of counsel), New York, NY, for Barbara Bowen and PSC CUNY.

Milton L. Chappell, National Right to Work Legal Defense Foundation, Inc., Springfield, VA, Amicus Curiae for David Seidemann.

Before CABRANES, STRAUB, and SACK, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

Under the National Labor Relations Act, states regulate the labor relations of state and local governments, and states may authorize unions and government employers to enter into "agency shop" agreements. See 29 U.S.C. § 152(2); Davenport v. Wash. Educ. Ass'n, 551 U.S. 177, 181, 127 S.Ct. 2372, 168 L.Ed.2d 71 (2007). Under an agency shop arrangement, a public-sector union serves as the exclusive collective bargaining...

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