Hartnett v. Pa. State Educ. Ass'n

390 F. Supp. 3d 592
CourtDistrict Court, M.D. Pennsylvania
DecidedMay 17, 2019
DocketNo. 1:17-cv-100
StatusPublished
Cited by4 cases

This text of 390 F. Supp. 3d 592 (Hartnett v. Pa. State Educ. Ass'n) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hartnett v. Pa. State Educ. Ass'n, 390 F. Supp. 3d 592 (M.D. Pa. 2019).

Opinion

Kane, Judge

On January 18, 2017, Plaintiffs Gregory J. Hartnett, Elizabeth M. Galaska, Robert G. Brough, Jr., and John M. Cress, Pennsylvania public school teachers, (collectively, "Plaintiffs") initiated this action by filing a complaint (Doc. No. 1)1 against their respective school district employers Homer-Center School District, Twin Valley School District, and Ellwood City School District (the "School District Defendants"), as well as the superintendents of those school districts, and the following collective bargaining entities: Homer-Center Education Association ("H-CEA"), Twin Valley Education Association ("TVEA"), Ellwood City Education Association ("ECEA"), and the Pennsylvania State Education Association ("PSEA") (collectively, the "Union Defendants"), alleging violations of their First and Fourteenth Amendment rights as a result of the compulsory collection of union fees (or so-called "fair share" fees), from nonmember public school teachers pursuant to the Pennsylvania statutory framework permitting the collection of those fees.2 Plaintiffs' amended complaint seeks declaratory and injunctive relief, nominal damages, and an award of attorneys' fees. (Doc. No. 23 ¶ 80.) Currently pending before the Court are the parties' cross-motions: the Union Defendants'3 Motion to Dismiss, or in the Alternative, for Summary Judgment (Doc. No. 64), and Plaintiffs' Motion for Summary Judgment (Doc. No. 63). For the reasons that follow, the Union Defendants' Motion to Dismiss will be granted, and Plaintiffs' Motion for Summary Judgment will be denied.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

As noted above, through this litigation, Plaintiffs challenge the constitutionality of Pennsylvania's statutory framework governing the compulsory collection of "fair share" union fees from nonmember public school teachers on its face and as applied, maintaining that such fees are a violation of their First Amendment rights. (Doc. No.

*59523.) The Union Defendants' initial defense to this litigation centered on the United States Supreme Court's decision in Abood v. Detroit Board of Education, 431 U.S. 209, 97 S.Ct. 1782, 52 L.Ed.2d 261 (1977), which upheld the constitutionality of "fair share" statutory provisions under a public sector labor contract. In recent years, several lawsuits, including the instant case, were filed around the country for the purpose of obtaining Supreme Court review in an effort to overrule Abood and to declare "fair share" fees in the public sector unconstitutional. During the pendency of this litigation, the United States Supreme Court granted certiorari in Janus v. AFSCME Council 31, --- U.S. ----, 138 S. Ct. 2448, 201 L.Ed.2d 924 (2018), which presented the question of whether Abood should be overruled and public sector "fair share" fee arrangements declared unconstitutional. Specifically, Janus involved an Illinois public employee's challenge to compulsory "fair share" fees charged to non-union members pursuant to Illinois law as violative of his First Amendment rights. Recognizing the significance of the Supreme Court's eventual ruling in Janus to this litigation - that it was "nearly certain to impact and control the disposition of this matter" - the parties filed a joint motion seeking a stay of these proceedings until the resolution of Janus. (Doc. No. 55.) The Court granted the motion, staying these proceedings until the Supreme Court's final disposition of Janus. (Doc. No. 56.)

On June 27, 2018, the Supreme Court issued its decision in Janus, overruling Abood by a vote of 5-4 and holding that "[s]tates and public-sector unions may no longer extract agency fees from nonconsenting employees." See Janus, 138 S. Ct. at 2459. Shortly thereafter, the Court held a status telephone conference with the parties regarding the impact of Janus on the disposition of this case. (Doc. No. 59.) At that time, the Union Defendants expressed their position that, because of their stated compliance with Janus by ceasing all collection of "fair share" fees from nonmembers (including all four Plaintiffs) and returning any such fees collected after the date of the Supreme Court's decision, this litigation has been rendered moot. Plaintiffs, on the other hand, maintained that they continue to seek declaratory and injunctive relief from this Court in the form of a finding that Pennsylvania's "fair share" statutory scheme is unconstitutional in light of Janus. Accordingly, the Court issued a scheduling Order setting dates for the cross-filing and briefing of the parties' respective dispositive motions regarding the appropriate resolution of this litigation. (Doc. No. 60.)

Thereafter, on September 14, 2018, Plaintiffs filed a Motion for Summary Judgment seeking a declaration from this Court that the relevant provisions of Pennsylvania law, as well as the actual "fair share" fee provisions in the respective collective bargaining agreements ("CBAs") applicable to Plaintiffs, are an unconstitutional violation of Plaintiffs' First and Fourteenth Amendment rights and, therefore, null and void, as well as injunctive relief requiring the Union Defendants to remove the "fair share" fee provisions in the CBAs governing Plaintiffs' respective bargaining units, and prohibiting the inclusion of any such provisions in any subsequent CBAs.4 (Doc. No. 63 at 4.) Plaintiffs also filed a Statement of Facts supporting their Motion for Summary Judgment (Doc. No. 65), and a brief in support of their *596motion (Doc. No. 66). The Union Defendants subsequently filed a brief in opposition to Plaintiffs' motion (Doc. No. 69), as well as an Answer to Statement of Facts (Doc. No. 68). Plaintiffs filed their brief in reply, rendering the motion ripe for disposition.5

At the same time, the Union Defendants filed their Motion to Dismiss for Lack of Jurisdiction, or in the alternative, for Summary Judgment. (Doc. No. 64.) In their motion, the Union Defendants argue that in light of the Janus decision and the measures taken by the Union Defendants to comply with that decision, Plaintiffs can no longer obtain meaningful relief from this Court, and Plaintiffs' claims are moot and subject to dismissal pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction. (Id. ¶ 6.) The Union Defendants filed a Statement of Material Facts in Support of their Motion (Doc. No. 64-1), as well as a brief in support (Doc. No. 67).

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Bluebook (online)
390 F. Supp. 3d 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hartnett-v-pa-state-educ-assn-pamd-2019.