Free riders are going to have to trump up when litagation is involved.
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Free riders are going to have to trump up when litagation is involved.
The Supreme Court has just issued its decision in Locke v. Karass . This is a unanimous win, with an added concurrence by three justices Justice Alito, joined by Chief Justice Roberts and Justice Scalia, had a brief concurrence that stressed that the meaning of "reciprocal in nature" is still an open question. I haven't had time to read the full decision but here are some of the relevant portions of the Court's syllabus:
Under this Court’s precedent, the First Amendment permits a local union to charge nonmembers for national litigation expenses as long as (1) the subject matter of the (extra-local) litigation is of a kind that would be chargeable if the litigation were local, e.g., litigation appropriately related to collective bargaining rather than political activities, and (2) the charge is reciprocal in nature, i.e., the contributing local reasonably expects other locals to contribute similarly to the national’s resources used for costs of similar litigation on behalf of the contributing local if and when it takes place.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=07-610
Under this Court’s precedent, the First Amendment permits a local union to charge nonmembers for national litigation expenses as long as (1) the subject matter of the (extra-local) litigation is of a kind that would be chargeable if the litigation were local, e.g., litigation appropriately related to collective bargaining rather than political activities, and (2) the charge is reciprocal in nature, i.e., the contributing local reasonably expects other locals to contribute similarly to the national’s resources used for costs of similar litigation on behalf of the contributing local if and when it takes place.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=07-610
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