963 F.3d 301
3rd Cir.2020Background
- Pennsylvania statute (71 Pa. Stat. § 575) authorized “fair-share” agency fees: nonmember public-school teachers pay portion of union dues for collective-bargaining activities.
- Under Abood v. Detroit Bd. of Education, agency fees were previously permissible; Janus v. AFSCME overruled Abood and held public-sector agency fees unconstitutional.
- Four nonmember teachers sued their unions and school officials (pre-Janus) seeking declaratory and injunctive relief to bar agency-fee provisions and statutory authorization; nominal damages were later satisfied.
- After Janus, unions and state offices stopped collecting fees, announced refunds, and conceded Pennsylvania’s agency-fee scheme was unenforceable.
- District Court granted summary dismissal as moot; teachers appealed to the Third Circuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness after Janus and unions’ cessation | Case remains justiciable; court can still grant relief and should declare statute unconstitutional | Case is moot because unions ceased collections and disavowed future enforcement | Case is moot; dismissal affirmed |
| Voluntary cessation exception | Other unions still have agency-fee language; risk of recurrence exists | Unions’ cessation was compelled by Supreme Court decision and they affirmatively disclaimed future enforcement | Voluntary-cessation exception does not save case; no reasonable likelihood of recurrence |
| Declaratory judgment appropriate despite mootness | With no factual disputes, court should declare statute unconstitutional | Declaratory relief would be advisory absent a live controversy | Court may not issue advisory declarations; dismissal proper |
Key Cases Cited
- Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018) (held public-sector agency fees unconstitutional)
- Abood v. Detroit Bd. of Educ., 431 U.S. 209 (1977) (previously upheld limited agency fees)
- Friends of the Earth, Inc. v. Laidlaw Envtl. Servs., 528 U.S. 167 (2000) (defendant bears heavy burden to prove mootness)
- Knox v. SEIU, Local 1000, 567 U.S. 298 (2012) (skepticism when defendant defends challenged practice yet claims mootness)
- Rhodes v. Stewart, 488 U.S. 1 (1988) (declaratory relief must affect defendant’s conduct toward plaintiff)
- Broadrick v. Oklahoma, 413 U.S. 610 (1973) (federal courts not to issue advisory opinions)
- Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) (standing requires injury in fact)
- Summers v. Earth Island Inst., 555 U.S. 488 (2009) (standing principles explained)