A University of Maine at Machias economics professor is appealing a decision by a federal judge to dismiss his lawsuit against the university and its faculty union for infringing on his First Amendment rights. U.S. District Court Judge Jon Levy dismissed the suit in a December 3 ruling.
In his lawsuit, Jonathan Reisman of Cooper contended that the University of Maine System Labor Relations Act violated his rights of free speech and association by allowing the Associated Faculties of the University of Maine to bargain collectively on behalf of all employees who comprise the bargaining unit. Reisman is not a member of the union and disagrees with its positions. He argued that the act imposes on him "a government-appointed lobbyist who attempts to influence government on his behalf and in his name, as his agent and representative, even though he disagrees with the positions it attributes to him." Among the positions that the union has taken that Reisman disagrees with are its decision to expend funds opposing the election of Maine Governor Paul LePage in 2010 and 2014; its support of presidential candidate Hillary Clinton in 2016; its opposition to school choice and charter school initiatives; and its support for a referendum that raised the state's minimum wage.
     The faculty union and the university and its board all argued that Reisman's constitutional arguments are contrary to established precedent of the U.S. Supreme Court and the First Circuit Court of Appeals. Reisman, though, pointed to a recent Supreme Court decision -- Janus -- that held that statutes compelling the payment of fees to a union that serves as an exclusive bargaining agent for all employees -- both union members and non-members -- violates the First Amendment rights of non-members by compelling them to subsidize the union's private speech.
     In his ruling, though, Judge Levy found that the Janus decision does not, as Reisman argues, call into question previous precedent that the First Amendment is not violated when a democratically selected union serves as the exclusive bargaining agent for all employees. The judge notes that the union was not, as Reisman asserts, appointed by the university board but rather was selected by a majority vote of the employees. He adds, "Reisman remains free to speak out in opposition to the union and its positions as he sees fit."
     Reisman's attorney, Robert Alt of The Buckeye Institute in Columbus, Ohio, issued notice on December 4 that he would appeal the decision to the U.S. Court of Appeals for the First Circuit in Boston. Founded in 1989, The Buckeye Institute is a think tank whose mission is to advance free‑market public policy in the states and is representing Reisman in his challenge. Alt, who is the president and CEO, stated that the institute intends "to fight for Professor Reisman's First Amendment rights all the way to the U.S. Supreme Court. Forcing hard‑working public servants to engage in speech with which they disagree is unfair, unconstitutional and un‑American."