Akers v. Md. State Educ. Ass'n
Akers v. Md. State Educ. Ass'n
Opinion of the Court
MEMORANDUM OPINION
Plaintiffs Ruth Akers ("Ms. Akers") and Sharon Moesel ("Ms. Moesel") (collectively, "Plaintiffs") bring this putative class action against the following Defendants: Maryland State Education Association ("MSEA"), a labor union; Teachers' Association of Baltimore County and Teachers' Association of Anne Arundel County, local union chapters affiliated with MSEA, sued as representatives of the class of all chapters and affiliates of MSEA; National Education Association ("NEA"), a labor union affiliated with MSEA; Verletta White, interim superintendent of the Board of Education of Baltimore County, and George Arlotto, superintendent of Anne Arundel County, sued in their official capacities as representatives of the class of all superintendents of Maryland school districts; Larry Hogan, as Governor of Maryland, in his official capacity; Brian Frosh, Attorney *567General of Maryland, in his official capacity; and Elizabeth Molina Morgan, Robert I. Chanin, John A. Hayden III, Donald W. Harmon, and Ronald S. Boozer, members of the Maryland Public School Labor Relations Board, in their official capacities. (Am. Compl., ECF No. 59.) Plaintiffs are public school teachers who were not members of the teachers' union but were required to pay representation fees to the union as a condition of employment. (Id. ) Plaintiffs allege violations of their constitutionally-protected rights and various state-law torts, and they seek injunctive and declaratory relief under
Currently pending before this Court are State-Defendants'
BACKGROUND
In ruling on a motion to dismiss, this Court "accept[s] as true all well-pleaded facts in a complaint and construe[s] them in the light most favorable to the plaintiff." Wikimedia Found. v. Nat'l Sec. Agency ,
*568Code. Education §§ 6-407(c) - (f) to extract these fees from non-union members as a condition of their employment. (Id. at ¶ 23.) Plaintiffs assert that by taking these fees from public-school employees, Defendants committed the torts of conversion, trover, detinue, and trespass to chattels. (Id. at ¶ 25.)
Plaintiffs also allege that under the recently-enacted
Ms. Akers initially filed the purported class-action Complaint (ECF No. 1 ) on June 18, 2018. A Motion for Preliminary Injunction (ECF No. 13 ) was filed on June 29, 2018, seeking to prevent the enforcement of certain provisions in HB 811 from taking effect on July 1, 2018. Plaintiffs later agreed to withdraw the motion on the basis that HB 811 had already taken effect. (See ECF No. 105.) Plaintiffs filed the operative Amended Complaint on September 7, 2018,
The State-Defendants and the Union Defendants filed motions to dismiss under Federal Rules of Civil Procedure 12(b)(1) and (6) for lack of subject matter jurisdiction and failure to state a claim. (ECF Nos. 74, 75.) For the following reasons, Defendants' motions shall be GRANTED. Specifically, Plaintiffs' constitutional challenges to the representation fee provision shall be DISMISSED AS MOOT, and the request for a refund of fees under
STANDARDS OF REVIEW
I. Subject Matter Jurisdiction
A motion to dismiss under Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction challenges a court's authority to hear the matter brought by a complaint. See Davis v. Thompson ,
Accordingly, a court's subject matter jurisdiction depends on the existence of an actual case or controversy. S.C. Coast. Conservation League v. U.S. Army Corps. of Eng'rs ,
A challenge to jurisdiction under Rule 12(b)(1) may proceed either as a facial challenge, asserting that the allegations in the complaint are insufficient to establish subject matter jurisdiction, or a factual challenge, asserting "that the jurisdictional allegations of the complaint [are] not true." Kerns v. United States ,
II. Failure to State a Claim
Under Rule 8(a)(2) of the Federal Rules of Civil Procedure, a complaint must contain a "short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). Rule 12(b)(6) procedure authorizes the dismissal of a complaint if it fails to state a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6). The purpose of Rule 12(b)(6) is "to test the sufficiency of a complaint and not to resolve contests surrounding the facts, the merits of a claim, or the applicability of defenses."
*570Presley v. City of Charlottesville ,
To survive a motion under Fed. R. Civ. P. 12(b)(6), a complaint must contain facts sufficient to "state a claim to relief that is plausible on its face." Bell Atl., Corp. v. Twombly ,
In reviewing a Rule 12(b)(6) motion, a court "must accept as true all of the factual allegations contained in the complaint" and must "draw all reasonable inferences [from those facts] in favor of the plaintiff." E.I. du Pont de Nemours & Co. v. Kolon Indus., Inc. ,
ANALYSIS
In 1977, the United States Supreme Court issued a decision upholding the constitutionality of representation fees paid to unions. Abood v. Detroit Bd. of Ed. ,
Maryland and other states that had allowed unions to charge representation fees under Abood's guidance, recognized that the law of the land had changed and responded accordingly. Regardless, Plaintiffs seek declaratory and injunctive relief, stating that Defendants' voluntary cessation of unconstitutional actions does not moot their lawsuit. In addition, Plaintiffs also request this Court to order repayment of all representation fees that had been previously *571collected. Plaintiffs also seek relief related to HB 811's requirement for disclosure of contact information, and Ms. Moesel challenges the principle of exclusive representation by the union. Each of these claims shall be addressed in turn.
I. Constitutional Claims are Moot
Plaintiffs' claims for declaratory and injunctive relief are moot. On the same day that Janus was decided, the Teachers' Association of Baltimore County and the Teachers' Association of Anne Arundel County contacted the Boards of Education of Baltimore County and Anne Arundel County, respectively, to notify them of the Janus decision and to instruct them immediately to cease deducting representation fees from their employees' paychecks. (See Galante Decl. ¶ 16, Ex. A, ECF No. 47-1 ; Jones Decl. ¶ 16, Ex. B, ECF No. 75-6.) The two Boards complied with that instruction. (Galante Decl. ¶ 17; Jones Decl. ¶ 17.) The Teachers' Association of Baltimore County and the Teachers' Association of Anne Arundel County have not subsequently received any representation fees. (Id. )
Further, the Maryland State Education Association ("MSEA") sent letters to every representation-fee payer, including Plaintiffs, explaining the Janus decision, informing the feepayers that no further representation fees would be deducted from their paychecks, and informing them that MSEA would promptly be refunding to them any fees that might have been pre-paid for the period after June 27, 2018. (Helfman Decl. ¶ 7, Ex. A., ECF No. 47-2.) Refund checks were issued for all such pre-collected fees. (Id. at ¶ 9.) Based upon these actions, combined with the declaration that they will not be resuming the deduction of representation fees from employees' paychecks, the Union Defendants assert that Plaintiffs' request for declaratory and injunctive relief is moot. (Defs.' Mot. Mem. 5, ECF No. 75-1.) The Union Defendants also assert a good-faith defense to liability for refunding fees collected prior to the Janus decision. (Id. at 11.) The State-Defendants also move to dismiss as moot the injunctive and declaratory relief claims in light of the decision in Janus . (Defs.' Mot. Mem. 4, ECF No. 74.)
Plaintiffs argue that their claims for prospective relief are not moot based on the voluntary cessation doctrine. (Pls.' Resp. 1, ECF No. 87.)
Since the Janus decision, multiple courts have had an opportunity to address similar claims and arguments in their jurisdictions and have uniformly held that plaintiffs' prospective claims were rendered moot under similar circumstances, and the good-faith defense bars refund claims. See, e.g. , Lee v. Ohio Educ. Ass'n. , --- F. Supp. 3d ----, ----,
The Court of Appeals for the Fourth Circuit has not yet had an opportunity to weigh in, nor have other district courts in this Circuit. However, this Court agrees with the reasoning in these decisions and incorporates it herein. In sum, Plaintiffs' request for injunctive relief is moot because the union's communications are reliable evidence of a permanent shift in policy and the challenged conduct cannot be reasonably expected to recur, and declaratory relief is moot because there is no immediate legal controversy. Further, this Court shall dismiss with prejudice Plaintiffs' claim for a refund of the representation fees that had been paid prior to the Janus decision. The collection of those fees was authorized by state statute and pursuant to Supreme Court precedent, and the good-faith defense bars Plaintiffs' claim. See Williams v. Johnson ,
Accordingly, the declaratory and injunctive claims shall be dismissed as moot. The refund claims shall be dismissed with prejudice because Defendants may assert the good-faith defense, having complied with and relied upon presumptively-valid state law and controlling Supreme Court precedent.
II. HB 811 Claim
Defendants also move to dismiss Plaintiffs' claim that the disclosure of their contact information to the union without their consent violates their First Amendment rights. (Defs.' Mot. Mem. 24, ECF No. 75-1 ; Defs.' Mot. Mem. 13, ECF No. 74-1.) Defendants assert that the disclosure of Plaintiffs' contact information by their employer to the union that is statutorily obligated to represent them does not implicate Plaintiffs' First Amendment rights. (Defs.' Mot. Mem. 14, ECF No. 74-1.) Defendants add that no expressive speech is involved in the disclosure, and Plaintiffs' associational choices are not implicated. (Id. at 19-20.)
HB 811 requires public school employers to provide their employees' contact information to the unions that represent them. (See HB 811, ECF No. 59-3.) This requirement does not reveal any expressive activity on the part of either the employer or the employees whose contact information is provided to the union. Unlike the disclosure in NAACP v. State of Alabama , cited by Plaintiffs, the disclosure at issue here does not reveal an affiliation with a union to the State's Attorney General.
The disclosure of all employees contact information to the union does not implicate an association with the union, it does not reveal any affiliation, nor does it prevent employees' anonymous speech or the employees' right to decline joining the union. Indeed, Plaintiffs' allegations are clear that "all" employees contact information is provided, regardless of union membership or political views. (Am. Compl. ¶¶ 29-33, ECF No. 59.) Plaintiffs do not argue that the union should be prevented from contacting them, but rather they assert their desire to protect their privacy by potentially redirecting work email or by setting up virtual contact information. (Pls.' Resp. 15-16, ECF No. 89.) Accordingly, the Plaintiffs have failed to sufficiently plead that their constitutional right of association and freedom of speech have been implicated by the disclosure of their contact information to the union. Therefore, this claim shall be dismissed without prejudice.
III. Exclusive Representation
Plaintiff, Ms. Moesel, also challenges the principle of exclusive representations, asserting that she has a constitutional right to reject union representation and to negotiate her own salary and other terms of employment. (Am. Compl. ¶¶ 44-45, ECF No. 59.) However, Plaintiffs have agreed with Defendants that this claim is foreclosed by Supreme Court precedent in Minnesota State Board for Community Colleges v. Knight ,
Plaintiff Ms. Moesel, however, continues to argue that she has an antitrust claim against the Union Defendants. (Pls.' Resp. 40, ECF No. 87.) Ms. Moesel alleges that the unions have violated federal antitrust laws by negotiating and entering into collective bargaining agreements. (Am. Compl. ¶¶ 46-47, ECF No. 59.) Although not stated, presumably this claim is based on Section 1 of the Sherman Act,
To plausibly allege an antitrust claim, a plaintiff "must first plead an agreement to restrain trade." SD3, LLC v. Black & Decker (U.S.) Inc. ,
Plaintiff does not address her failure to plead the requisite elements of an antitrust claim, and simply argues that the Union Defendants' affirmative defenses are not relevant to defeat a motion to dismiss. However, an affirmative defense can be considered by this Court on a motion to dismiss "if the face of the complaint includes all necessary facts for the defense to prevail." Leichling v. Honeywell Int'l, Inc. ,
IV. State Law Claims
Plaintiffs are also suing the Maryland State Education Association and its local affiliates "under the state-law torts of conversion, trover, detinue, trespass to chattels, and any other state-law cause of action that offers relief for this unlawful seizure of [their] personal property." (Compl. ¶ 51, ECF No. 59.) Plaintiffs invoke the supplemental jurisdiction of this Court over these pendent state-law claims pursuant to
In United Mine Workers of America v. Gibbs ,
Therefore, Plaintiffs' state-law claims shall be dismissed without prejudice.
CONCLUSION
For the foregoing reasons:
*5751. State-Defendants' Motion to Dismiss Amended Complaint (ECF No. 74 ) is GRANTED.
2. Motion to Dismiss Amended Complaint of Defendants Maryland State Education Association, Teachers' Association of Baltimore County, Teachers' Association of Anne Arundel County, and National Education Association (ECF No. 75 ) is GRANTED.
3. Plaintiffs' declaratory and injunctive claims are DISMISSED AS MOOT.
4. Plaintiffs' claim for a refund of fees under42 U.S.C. § 1983 is DISMISSED WITH PREJUDICE.
5. All remaining claims in Plaintiffs' Amended Complaint (ECF No. 59 ) are DISMISSED WITHOUT PREJUDICE.
6. A separate order follows. Dated: April 18, 2019.
State-Defendants are identified as Defendants Governor Larry Hogan, Attorney General Brian E. Frosh, and the members of the Maryland Public School Labor Relations Board (Elizabeth Molina Morgan, Robert I. Chanin, John A. Hayden III, Donald W. Harmon, and Ronald S. Boozer). (Mot. 1, ECF No. 74.)
These fees were intended to compensate the union for its efforts on behalf of non-members in the collective-bargaining process since the union represents all public-school employees, not just members. See
Ms. Moesel alleges that she was expelled for actively opposing the union's efforts to eliminate her salary bonuses. (Am. Compl. ¶¶ 39-41.)
HB 811 was enacted on July 1, 2018. (Am. Compl. ¶ 31, ECF No. 59.)
Earlier-filed motions to dismiss the original Complaint were subsequently denied as moot. (ECF No. 105.)
The voluntary cessation doctrine refers to situations that do not deprive a federal court of its power to hear and determine a case, even when a defendant has voluntarily ceased the challenged practice, because the allegedly wrongful behavior could reasonably be expected to recur. See Porter v. Clarke ,
The good-faith defense refers to a protection from liability under
Following Knight , every Circuit court to address the constitutionality of exclusive bargaining arrangements has concluded that these provisions do not violate the First Amendment. Mentele v. Inslee ,
Federal antitrust law does not impose a burden on the States' power to subordinate market competition to other values deemed fundamental by the State. See N.C. State Bd. of Dental Exam'rs v. FTC , --- U.S. ----,
Referring to the Supreme Court's decisions in Eastern R.R. Presidents Conf. v. Noerr Motor Freight, Inc. ,
Reference
- Full Case Name
- Ruth AKERS v. MARYLAND STATE EDUCATION ASSOCIATION
- Cited By
- 19 cases
- Status
- Published