Connell

MEMORANDUM AND ORDER

This 42 U.S.C. § 1988 action arises from the failure of defendant California State Employees Association (“CSEA”) to provide non-union members with sufficient notice of “fair share” fees pursuant to Chicago Teachers Union v. Hudson, 475 U.S. 292, 310 , 106 S.Ct. 1066 , 89 L.Ed.2d 232 (1986). On May 2, 2001, this court granted plaintiffs’ motion for summary judgment in part and awarded partial restitution of withdrawn fees to all nonmembers. On appeal, the Ninth Circuit “affirmed in part, reversed in part and remanded.” Cummings v. Connell, 316 F.3d 886 (9th Cir.2003). Plaintiffs now bring this motion for summary judgment and/or amendment of judgment on remand.

I. Factual and Procedural Background

CSEA is the exclusive representative for nine bargaining units of California state employees. In March 1999, CSEA entered into collective bargaining agreements that permitted the state to deduct and forward to CSEA “fair share” fees for nonmember employees in CSEA-repre-sented bargaining units. The “fair share” fee purportedly represented the nonmembers’ share of the cost of collective bargaining. These “fair share” fee deductions commenced in April 1999.

In April…