STEWART v. N.L.R.B.

No. 15-1102.

851 F.3d 21 (2017)

Kimberly STEWART, et al., Petitioners v. NATIONAL LABOR RELATIONS BOARD, Respondent. United Food & Commercial Workers Local 99, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 21, 2017.

Amended March 23, 2017.


Attorney(s) appearing for the Case

Glenn M. Taubman argued the cause and filed the briefs for petitioners.

David Seid, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Richard F. Griffin, Jr., General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Ruth E. Burdick, Supervisory Attorney.

Kristin L. Martin argued the cause for intervenor. With her on the brief was Eric B. Myers, San Francisco, CA.

Opinion concurring in the judgment and dissentiing filed by Senior Circuit Judge Silberman.


Employees commonly pay their union dues through a mechanism known as a checkoff arrangement. In a checkoff arrangement, an employee authorizes her employer to deduct union dues from her paycheck and remit the dues directly to the union on her behalf. That arrangement affords convenience and efficiency. It enables unions...

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