BRANCH v. COMMONWEALTH EMPLOYMENT RELATIONS BOARD

No. SJC-12603.

481 Mass. 810 (2019)

BEN BRANCH & others, v. COMMONWEALTH EMPLOYMENT RELATIONS BOARD & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 9, 2019.


Attorney(s) appearing for the Case

Bruce N. Cameron ( Aaron B. Solem , of Minnesota, also present) for the employees.

Timothy J. Casey , Assistant Attorney General ( T. Jane Gabriel also present) for Commonwealth Employment Relations Board.

Jeffrey W. Burritt , of the District of Columbia, for the interveners.

Mark G. Matuschak & Robert K Smith , for Pioneer Institute, Inc., were present but did not argue.

The following submitted briefs for amici curiae:

Deborah J. La Fetra of California, & Brad P. Bennion for Pacific Legal Foundation & others.

James A.W. Shaw & Donald J. Siegel for Massachusetts AFL-CIO.

Charlotte Garden , of the District of Columbia, & Brendan Sharkey for twenty-six labor law professors.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.


Massachusetts, like most States, allows public sector employees in a designated bargaining unit to elect a union by majority vote to serve as their exclusive representative in collective bargaining with their government employer. No eligible employee is required to join a union, but unions have historically collected mandatory "agency...

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