Ninth Circuit Court of Appeals asked to rule that law seeking to impose Teamsters unionization and forced dues violates drivers’ rights
Seattle, WA (February 5, 2018) – Today, National Right to Work Legal Defense Foundation staff attorneys are arguing Clark v. Seattle at the United States Ninth Circuit Court of Appeals for individual drivers whose federal lawsuit challenges a controversial Seattle ordinance designed to unionize independent for-hire and ride-sharing drivers and force them to pay union dues. Dan Clark, lead plaintiff in the suit, is an independent driver who picks up riders through both Uber and Lyft.
The drivers originally filed suit against the City of Seattle in the U.S. District Court for the Western District of Washington with free legal representation by staff attorneys from the National Right to Work Legal Defense Foundation and the Washington State-based Freedom Foundation. The drivers argue that the Seattle ordinance is preempted by the National Labor Relations Act and that imposing forced union representation and forced dues on them violates their First Amendment rights of free speech and freedom of association.
A District Court judge ruled against the drivers last August, clearing the way for an appeal to the Ninth Circuit. Shortly after the District Court ruling, implementation of the ordinance was blocked by the Court of Appeals until that court could rule on the pending legal challenges to the first-in-the-nation ridesharing driver forced unionization scheme.
In addition to the drivers’ lawsuit, the Court of Appeals will also hear arguments in a separate legal challenge to the Seattle ordinance arguing that the forced unionization ordinance violates federal anti-trust law. A three-judge panel will hear arguments in both cases back-to-back in Seattle this morning.
“Big Labor’s one-size-fits-all, top-down forced unionism is the very antithesis of the ride-sharing model which attracts drivers by connecting them with consumers and providing them the freedom to decide when to work and through which mobile app to find customers,” National Right to Work Foundation president Mark Mix said.
“Not only is Seattle’s scheme to force independent ridesharing drivers under Teamsters monopoly representation through a coercive card check drive bad policy, but it violates federal labor law protections and the drivers’ constitutional rights,” continued Mix. “Hopefully the appeals court will rule to protect these independent drivers from this pernicious forced unionism scheme, but if it fails to we are prepared to take this case all the way to the Supreme Court to vindicate these drivers’ freedoms.”
The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in around 250 cases nationwide per year.