Daily Labor Report®

Pennsylvania Teachers Union Beats Fee Refund Suit on Appeal (2)

Aug. 28, 2020, 5:48 PM; Updated: Aug. 28, 2020, 9:41 PM

The Pennsylvania State Education Association and the Service Employees International Union don’t have to return mandatory “fair share” fees they collected from nonmembers before the U.S. Supreme Court found the practice unconstitutional, a divided Third Circuit ruled Friday.

“We join a growing consensus of our sister circuits who, in virtually identical cases, have held that because the unions collected the fair-share fees in good faith reliance on a governing state statute and Supreme Court precedent, they are entitled to a good faith defense,” Judge Marjorie Rendell wrote for the court.

The ruling by the U.S. Court of Appeals for the...

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