Daily Labor Report®

Case: Individual Employment Rights/First Amendment (2d Cir.)

Nov. 19, 2019, 1:35 PM

Non-union agency fee paying workers for the New York State Thruway Authority couldn’t claim that their layoff during a breakdown of labor negotiations interfered with their right of association with the public employee unions that represented them in bargaining by operation of New York law. While strict scrutiny applied to employment decisions based on an employee’s status as a union member, agency fee payers don’t enjoy heightened First Amendment protection from adverse employment actions simply because they are represented by a union in collective-bargaining, The case is Donohue v. Milan, 2019 BL 442141, 2d Cir., No. 17-2834-cv, 11/18/19.

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