In Bethany v. SEIU PA State Council, the 3rd Circuit dealt with the United States Supreme Court’s fair-share ruling in Janus v. AFSCME Council 31, 138 S. Ct. 2448 (2018). In Janus, the Supreme Court ruled that unions may not deduct fees from non-union members, the so-called “fair share fee”. Bethany LaSpina was just such an employee: a non-union member who worked at an “agency shop”. Shortly after the Supreme Court issued its ruling in Janus, LaSpina resigned. She later sued, demanding a refund of her fair share fees that had been deducted from her wages. The Third Circuit agreed with the District Court and held that LaSpina’s claims failed to present a justiciable case or controversy as required by Article III. The opinion seemed to be an attempt to stave of like-minded plaintiffs more than anything.
