## Frequently Asked Questions

### 1. Why did I get the notice?

The State’s records show that you worked in the bargaining unit represented for purposes of collective bargaining by PECG for at least some portion of the period 4/1/01 through 3/31/03 and, during that period, you were not a member of PECG, and had fair share fees deducted from your wages. You may have been aware that the Court has allowed, or «certified,» a class action lawsuit. For each annual fair share notice, a separate class was certified. Most persons who were in one class, were also in the other, but there were exceptions for individuals who joined or resigned the union, or commenced or discontinued employment at some point during one of the two years.

The Court sent you the notice because you have a right to know about a request for attorneys’ fees filed with the Court. If the Court approves the request, PECG will make the payment that the settlement requires.

### 2. What was this lawsuit about?

This lawsuit is about whether PECG violated the constitutional rights of nonmembers of the union by the manner and amount in which fair share fees were deducted from the paychecks of nonmembers.

### 3. Why is this a class action?

In a class action, one or more people called «Class Representatives» sue for themselves and other people who have similar claims. The people together are a «Class» or «Class Members.» One court resolves the issues for everyone in the Class.

### 4. Why is there an award of attorneys’ fees?

In many forms of civil rights litigation, a plaintiff who prevails in the litigation can recover from the defendant reasonable attorneys’ fees incurred in prosecuting the civil action. The amount would depend upon prevailing market rates in the community and the degree of success achieved in the litigation. In this case, the district court previously held that the financial disclosures contained in the notice to feepayers that PECG dispatched to nonunion bargaining unit members in March of 2001 and 2002 did not meet constitutional requirements. In response to that decision, PECG corrected the financial disclosures and reissued the notices to feepayers and reopened the period for filing an objection and challenge to the calculation of the agency fee. The plaintiff appealed to the United States Court of Appeals for the Ninth Circuit the portion of the district court’s decision refusing to award all class members nominal damages. Nominal damages are paid where actual damages cannot be established.

While the appeal was pending, the Ninth Circuit issued a ruling in an unrelated case in which similar issues were litigated. The court ruled that labor unions must pay nominal damages to all class members when they violate nonmembers’ rights by deducting fair share fees from nonmembers’ wages without adequate notice of the fees’ basis. In response to that decision, PECG paid nominal damages to all class members which you should have received.

To avoid the delay and costs of litigating the sole remaining clam in this litigation, the amount of attorneys’ fees, and possible appeals, both sides agreed, subject to court approval, to an amount the parties believe approximates the amount the district court would determine if the claim were litigated in adversary proceedings. The parties and their attorneys think this is the best way to resolve this sole remaining claim in this litigation.

### 5. What does the fee request provide?

Defendant PECG will pay the plaintiffs’ attorneys $110,000 in full settlement for their claim for attorneys’ fees and costs incurred in connection with the litigation.

### 6. What did the litigation accomplish for the class members?

As a result of the litigation, PECG replaced its independent auditor. The new public accounting firm audited the accounting information for each of the two years ending December 31, 2000 and 2001 and issued reports thereon. PECG then made certain changes to its notices to feepayers and dispatched to all class members new notices which complied with the district court’s ruling. You should have already received these notices. The period for filing an objection to paying the nonchargeable portion of the agency fee and challenging the amount of the was reopened.

In addition, PECG has agreed that in the future, certain expenditures for political activities which nonmembers previously were required to subsidize will no longer be included in chargeable expenditure totals. As a result, nonmembers who notify PECG that they object to subsidizing these political activities will no longer be required to do so. Each year, PECG will notify nonmembers how to receive a rebate for the portion of the agency fee attributable to these activities.

Finally, for each of the two notices issued to feepayers in 2001 and 2002 which the district court has held did not meet the requirements of the Constitution, PECG has paid to each member of each class $1 in nominal damages. Nonmembers should have already received a check for these amounts.

### 7. What happens if I do nothing at all?

You do not have to do anything now. By doing nothing, you waive your right to communicate with the court your objection of the proposed settlement of attorneys fees.

### 8. What do I do if I have additional questions?

The plaintiff’s brief supporting the motion is linked [here](https://www.nrtw.org/pdfs/hoirup_pecg_memo.pdf). In addition, you may call class counsel, Mark Beutler, Esq., at 703-321-8510.