Kourosh Hamidi v. Service Employees International Union Local 1000

MEMORANDUM AND ORDER RE: MOTION FOR SUMMARY JUDGMENT AND CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT AND SUMMARY JUDGMENT

Fifteen employees of the state of California (“plaintiffs”) 1 brought this class action against defendants Service Employees International Union Local 1000 (“Local 1000”) and the California state controller, 2 alleging that defendants’ ‘opt-out’ system for collecting optional union fees violates the First Amendment. (Compl. (Docket No. 1).) Plaintiffs now move for summary judgment against defendants. (Pis.’ Mot. (Docket No. 64).) Local 1000 cross-moves for summary judgment, and the state controller cross-moves for partial summary judgment, against plaintiffs. (Local 1000’s Cross-Mot. (Docket No. 67); State Controller’s Cross-Mot. (Docket No. 74).)

I. Factual and Procedural History

Plaintiffs are employees of the state of California. (Compl. ¶ 6. 3 ) California recognizes Local 1000 as the exclusive collective bargaining representative of plaintiffs and other state employees. (Id. ¶ 19.) Employees represented by Local 1000 may, but are not required to, join Local 1000 as dues-paying members. (Id. ¶ 250.) *627 Plaintiffs have not joined Local 1000 as…