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KNOX v. CALIFORNIA STATE EMPLOYEES ASS'N

No. 08-16645.

628 F.3d 1115 (2010)

Dianne KNOX; William L. Blaylock; Robert A. Conover; Edward L. Dobrowolski, Jr.; Karyn Gil; Thomas Jacob Hass; Patrick Johnson; Jon Jumper, On Behalf of Themselves and the Class They Seek to Represent, Plaintiffs-Appellees, v. CALIFORNIA STATE EMPLOYEES ASSOCIATION, LOCAL 1000, SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO-CLC, Defendant-Appellant, and Steve Westly, Controller, State of California, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed December 10, 2010.

Attorney(s) appearing for the Case

Jeffrey B. Demain , Altshuler Berzon LLP, San Francisco, CA, for the defendant-appellant.

W. James Young , National Right to Work Legal Defense Foundation, Inc., Springfield, VA, for the plaintiffs-appellees.

Opinion by Judge THOMAS; Dissent by Judge WALLACE.

OPINION

THOMAS, Circuit Judge:

This appeal presents the question of whether a union is required, pursuant to Chicago Teachers Union v. Hudson, 475 U.S. 292, 106 S.Ct. 1066, 89 L.Ed.2d 232 (1986), in addition to an annual fee notice to nonmembers, to send a second notice when adopting a temporary, mid-term fee increase. Under the circumstances presented by this case, we conclude that a second notice is not required...

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