Foster

The question raised in this appeal is whether a public sector employer who deducts agency or “fair share” fees from a nonunion employee’s paycheck may be held liable when the local union fails to provide the employee with the financial disclosure required by Chicago Teachers Union Local No. 1 v. Hudson, 475 U.S. 292 , 106 S.Ct. 1066 , 89 L.Ed.2d 232 (1996). Diane Foster and seven other nonunion public school teachers (collectively, “the plaintiffs”) sued their local teachers unions and the superintendents of the school districts for which they worked (“the superintendents”) 1 under 42 U.S.C. § 1983 . The district court held that the financial disclosure provided by the unions was deficient under Hudson . Relevant to this appeal, the district court also held that the superintendents violated the plaintiffs’ rights by withholding or collecting agency fees from the plaintiffs despite the union’s flawed notice. 2 The district court had jurisdiction pursuant to 28 U.S.C. §§ 1331 , 1343 and 42 U.S.C. § 1983 . We have jurisdiction pursuant to 28 U.S.C. § 1292 (a). We reverse and remand.

1. BACKGROUND

Pursuant to California law and provisions in the collective bargaining agreements…