FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
MAINE [Hon. Jon D. Levy, U.S. District Judge]
M. Grossman, with whom Richard B. Raile, Renee M. Knudsen,
BakerHostetler LLP, Robert Alt, Daniel Dew, and The Buckeye
Institute were on brief, for appellant.
Karabell, with whom John M. West, Bredhoff & Kaiser,
P.L.L.C., Jason Walta, and National Education Association
were on brief, for appellee Associated Faculties of the
University of Maine.
D. McGill, with whom Tara A. Walker and Bernstein, Shur,
Sawyer & Nelson, P.A. were on brief, for appellees
University of Maine at Machias and Board of Trustees of the
University of Maine.
P. Herman, Deputy Attorney General, with whom Aaron M. Frey,
Attorney General, and Christopher C. Taub, Assistant Attorney
General, were on brief, for appellee State of Maine.
Thompson, Selya, and Barron, Circuit Judges.
BARRON, CIRCUIT JUDGE.
Reisman, an economics professor at the University of Maine at
Machias, seeks to invalidate a Maine statute that governs
collective bargaining between the state's university
system and its faculty on the ground that the statute
violates the First Amendment of the United States
Constitution. The District Court granted the defendants'
motion to dismiss. We affirm.
Maine statute that Reisman challenges is the University of
Maine System Labor Relations Act, Me. Stat. tit. 26,
§§ 1021-1037. Enacted in 1975, the statute is
modeled on the National Labor Relations Act, 29 U.S.C.
§§ 151-169, and extends collective bargaining
rights to employees of the state's universities.
statute divides university employees into various
"bargaining units" based on their occupational
groups. See tit. 26, § 1024-A. The faculty in
the university system make up one particular bargaining unit,
while "[s]ervice and maintenance" employees, for
example, constitute another. Id.
facilitate labor negotiations, the statute provides, among
other things, that a union that receives majority support
within "a bargaining unit shall be recognized by the
university, academy or community colleges as the sole and
exclusive bargaining agent for all of the employees in the
bargaining unit." Id. § 1025(2)(B). Once
so recognized, that union is the bargaining unit's
exclusive agent to bargain with the university system
"with respect to wages, hours, working conditions and
contract grievance arbitration." Id. §
employee bears an obligation to join a union, see
id. § 1023, and, after Janus v. American
Federation of State, County, & Municipal Employees,
Council 31, 138 S.Ct. 2448 (2018), nonmember employees
are not obliged to pay agency fees to the union that serves
as their bargaining unit's bargaining agent. However, the
statute does provide that the bargaining agent "is
required to represent all . . . employees within the unit
without regard to membership in the organization." tit.
26, § 1025(2)(E).
Associated Faculties of the Universities of Maine
("AFUM" or "the Union") has represented
the faculty bargaining unit for Reisman's university
since 1978. Reisman "resigned his membership in [AFUM]
because he opposes many of the positions [AFUM] has taken,
including on political and ...