In Cheatham v. DiCiccio, a majority of the Arizona Supreme Court found that union release time was not illegal under the state constitution’s Gift Clause.
In motions before the trial court to dismiss for failure to state a claim, the U.S. District Court for the Northern District of Alabama, in Allred v. City of Carbon Hill, denied the motions and permitted Allred’s claims to go to trial.
A police officer’s claim, that his discharge was due to “anti-union animus,” in violation of his freedom of association, was recently dismissed by Colorado District Court in Cillo v. City of Greenwood Village. The Court found that the discharge was properly motivated by the officer’s misconduct, which violated a suspect’s constitutional rights and department policy, not by any anti-union animus.
In Hanford Exec. Mgmt. Employees Ass’n v. City of Hanford the court held that an employee Association could pursue its claims that its members faced unlawful discrimination in retaliation for a Vote of No Confidence against the City Manager. The U.S. District Court for the Eastern District of California has ruled that an Association’s retaliation claim stated a potential basis for finding several constitutional violations and rejected the City’s efforts to dismiss the lawsuit for “failure to state a claim.”
