Prescott

This case was before us previously, when we held, inter alia, that the plaintiffs lacked standing to challenge an indemnification provision in a collective bargaining agreement. Prescott v. County of El Dorado, 177 F.3d 1102, 1112 (9th Cir.1999) (Prescott I). That provision requires the union to hold the employer harmless from any liability arising out of the collection of agency fees from non-union members of the bargaining unit. Id. Plaintiffs are nonunion members of an agency shop bargaining unit employed by defendant El Dorado County, California.

The Supreme Court vacated our decision and remanded for reconsideration of the standing issue in light of its decision in Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 , 120 S.Ct. 693 , 145 L.Ed.2d 610 (2000). Prescott v. County of El Dorado, 528 U.S. 1111 , 120 S.Ct. 929 , 145 L.Ed.2d 807 (2000). We remanded in turn to the district court. Prescott v. County of El Dorado, 204 F.3d 984 -85 (9th Cir.2000) (Prescott II) (reinstating the original opinion except as to standing and remanding to the district court).

We now review the district court’s decision, on remand, that the plaintiffs…