Los Angels, Cal ifomia 90017 Tel: (2I3) 613-2380 Fax: (213) 6l3-2395 SMITH MYERS LLP 800 Wilslrire Boulevard, Suite 800 mumm-Awwuoxogzaaza?za se 2:19-cv-00228 Document 1 Filed 01/10/19 Page 1 of 18 Page ID Thomas Myers (CA SBN 120674) myers@smithmyerslaw.com SMITH MYERS LLP 800 Wilshire Boulevard, Suite 800 Los Angeles, California 90017 Telephone: (213) 613-2380 Facsimile: (213) 613-2395 Angel J. Valencia (Pro Hac Vice Application to be Filed) ajv@nrtw.org Milton L. Chappell (Pro Hac Vice Application to be Filed) mlc@nrtw.org c/o NATIONAL RIGHT TO WORK LEGAL DEFENSE FOUNDATION, INC. 8001 Braddock Road, Suite 600 Spring?eld, Virginia 221 5 1 Telephone: (703) 321-8510 Facsimile: (703) 321-9319 Attorneys for Plaintiff and the Classes He Seeks to Represent UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA MICHAEL MCCAIN, for Himself and Case No: 2: l9-cv-00228 the Classes He Seeks to Represent, COMPLAINT Plaintiffs, CLASS ACTION v. Constitutional Violation Action (42 U.S.C. 1983), Declaratory VENTURA COUNTY FEDERATION Judgment, Injunctive Relief OF COLLEGE TEACHERS, AFT LOCAL 1828, AF AMERICAN FEDERATION OF VENTURA COUNTY COMMUNITY COLLEGE DISTRICT, Defendants. COMPLAINT - CLASS ACTION -1- SMITH MYERS LLP 800 Wilshire Boulevard. Suite 800 Los Angeles, California 90017 Tel: (213) 613-2380 Fax: (213) 613-2395 Jase 2:19-cv-00228 Document 1 Filed 01/10/19 Page 2 of 18 Page ID #12 INTRODUCTION 1. On June 27, 2018, the Supreme Court held it unconstitutional for public-sector unions and employers to collect/deduct union dues or fees from public employees without their af?rmative consent and a knowing waiver of their First Amendment rights. Janus v. AFSCME, Council 31, 138 2448, 2486 (2018). 2. Plaintiff Michael McCain (?McCain?) is a public employee of the Ventura County Community College District (?Ventura District?) and is employed in a bargaining unit represented by the Ventura County Federation of College Teachers, AFT Local 1828 1828?). 3. After being noti?ed of McCain?s decision to revoke any prior dues authorization, Ventura District and AFT 1828, directly or indirectly, nonetheless continued to deduct dues from his paychecks, in ?thherance of the restrictive revocation policies. 4. AFT 1828 and Ventura District violate the First Amendment rights of McCain and of the proposed class of public employees subject to AFT 1828?s revocation policy, by collecting/deducting union dues ?'om their wages without their knowing consent, thereby severely restricting their exercise of their First Amendment right under Janus not to subsidize unions. 5. Defendants maintain and enforce policies, including the dues deduction provisions of the existing collective bargaining agreement between ACTION -2- SMITH MYERS LLP 800 Wilshire Boulevard, Suite 800 Los Angeles, California 90017 Tel: (213) 613-2380 Fax: (213) 6l3-2395 lase 2:19-cv-00228 Document 1 Filed 01/10/19 Page 3 of 18 Page ID #23 AFT 1828 and Ventura District. Under these policies, AFT 1828 and Defendant American Federation of Teachers National?) (collectively called, ?the collects, directly or indirectly, union dues from the wages of public employees, even from those who have noti?ed the AFT of their resignation from union membership and revocation of their prior dues deduction authorizations. 6. McCain brings this civil rights action, pursuant to 42 U.S.C. 1983 on behalf of himself and all other similarly situated employees, seeking: a judgment declaring the revocation restrictions and the deduction of union dues or fees without the employees? af?rmative consent and knowing waiver of First Amendment rights are unconstitutional and unenforceable; judgment declaring Article 18.2.A of the collective bargaining agreement, which limits employees? dues deductions revocation rights to a yearly 15-day window, violates the First Amendment and is null and void; injunctive relief that prohibits the maintenance and enforcement of the unconstitutional policies, actions and provisions, along with compensatory and nominal damages, and costs and attorneys? fees under 42 U.S.C. 1988. JURISDICTION AND VENUE 7. This is an action that arises under the Federal Civil Rights Act of 1871, 42 U.S.C. 1983, to redress the deprivation, under color of state law, of rights, privileges and immunities secured to Plaintiff McCain and all class members by the Constitution of the United States, particularly the First and COMPLAINT - cuss ACTION -3- SMITH MYERS LLP 800 Wilshire Boulevard, Suite 800 Los Angela, California 90017 Tel: (213) 613-2380 Fax: (213) 613-2395 xqo?mewN?oomsgagaszs ase 2:19-cv-00228 Document 1 Filed 01/10/19 Page 4 of 18 Page ID Fourteenth Amendments. 8. The Court has subject-matter jurisdiction under 28 U.S.C. 1331 and 28 U.S.C. 1343. 9. This action is an actual controversy in which Plaintiff McCain seeks a declaration of his rights under the Constitution of the United States. Pursuant to 28 U.S.C. 2201-2202, this Court may declare Plaintiff McCain?s rights and grant further necessary and proper relief based thereon, including injunctive relief pursuant to Federal Rule of Civil Procedure 65. 10. Venue is proper in this Court pursuant to 28 U.S.C. 1391 because the claims arise in this judicial district and division and Defendants operate and do business in this judicial district and division. PARTIES 11. Plaintiff Michael McCain resides and works in Ventura County, California. 12. Defendant Ventura County Federation of College Teachers, AF Local 1828, AFL-CIO 1828?), whose of?ce is located at 816 Camarillo Springs Road, Suite B, Camarillo, California 93012, is a local public sector labor union and an af?liate of Defendant American Federation of Teachers National?). AF 1828 is the exclusive representative of thousands of faculty members throughout the Ventura District and is a party to a collective bargaining agreement with the Ventura County Community College District. COMPLAINT - CLASS ACTION .4- se 2:19-cv-00228 Document 1 Filed 01/10/19 Page 5 of 18 Page ID SMITH MYERS LLP 800 Wilshire Boulevard, Suite 800 Los Angeles, California 90017 Tel: (213) 613-2380 Fax: (213) 613-2395 13. Defendant American Federation of Teachers National?) is a national labor union with whom Defendant AFT 1828 is af?liated, and conducts business throughout the Central District of California. It is headquartered at 555 New Jersey Avenue, NW. Washington, DC. 20001. 14. Defendant Ventura County Community College District, whose address is 761 East Daily Drive, Camarillo, California 93010, is a community college district serving Ventura County, California. It is responsible for deducting dues from Plaintiff McCain and other members of the bargaining unit and remitting them to the AF T. FACTUAL ALLEGATION 15. Plaintiff Michael McCain is a professor of mathematics and an employee of the Ventura County Community College District. 16. At all relevant times, McCain has been subject to the exclusive representation of the AFT and subject to the collective bargaining agreement between Ventura District and the AFT. 17. On August 11, 2005, McCain signed the dues checkoff authorization card that authorized the deduction of union dues ?'om his wages. At this time, McCain was required, as a condition of employment, to either join the union as a full member or pay union forced fees even if he was a nonmember. COMPLAINT - CLASS ACTION .5- SMITH MYERS LLP 800 Wilshirc Boulevard, Suite 800 Los Angeles, California 90017 Tel: (213) 613-2380 Fax: (213) 613-2395 fee 2:19-cv-00228 Document 1 Filed 01/10/19 Page 6 of 18 Page ID 18. On June 27, 2018, the Supreme Court in Janus held forced fee requirements unconstitutional and that public employees had a First Amendment right not to have union dues or fees deducted from their wages without their af?rmative consent and knowing waiver of their First Amendment rights. 138 at 2486. 19. After Janus was decided, McCain noti?ed the AFT on August 27, 2018, in writing, of his resignation as a member of the AFT and that he did not consent to any deduction of union dues or fees from his wages. The AFT responded in writing denying his request. 20. The AF T?s checkoff card signed by McCain states: hereby authorize the Ventura County Community College District to withhold from my warrant the constitutional dues of the Ventura County Federation of College Teachers, AFT, Local 1828. I understand this authorization will remain in effect until further notice unless changed or terminated by me on thirty days? notice to the District Payroll Of?ce and the Ventura County Federation of College Teachers.? 21. Nevertheless, Article 18.2.A of the collective bargaining agreement between the AFT and the Ventura District states a more restrictive revocation policy: ?Any employee who is paying dues may stop making those payments by giving written notice to the Federation during the period not less than thirty (30) and not more than forty-?ve (45) days before: 1.) the annual anniversary date of the employee?s hire date or 2.) the date of termination of the applicable contract between the COMPLAINT -- CLASS ACTION -6- Los Angeles, Califomia 90017 SMITH MYERS LLP 800 Wilshirc Boulevard, Suite 800 Tel: (213) 613-2380 Fax: (213) 613-2395 22. 23. ase 2:19-cv-00228 Document 1 Filed 01/10/19 Page 7 of 18 Page ID employer and the Federation, whichever occurs sooner, unless the Federation and the employer are in subsequent negotiations on a successor contract. The employer will honor the employee?s check-off authorizations unless he/she has revoked that authorization in writing during the window period as authorized by the Federation, irrespective of the employee?s membership in the Federation. Any faculty member who is not a member of the Federation or who does not make application for membership within thirty (30) days of the effective date of this Article or within thirty (30) days of the commencement of assigned duties shall pay a service fee to the Federation. At any time, a faculty member may become a Federation member. . Neither the AF T?s dues checkoff authorization nor the collective bargaining agreement contain language that informs potential signatories: (1) that they have a First Amendment right not to subsidize the union and its speech; or (2) that, by signing the cards, they are waiving their First Amendment right to not subsidize the AFT and its speech. The restrictive revocation policy is enforced by the Ventura District that, in coordination with the AFT and at its behest, deducts union dues from employees? wages and remits those monies to the AFT pursuant to dues deduction agreements and dues checkoff provisions. The AFT and Ventura District have failed and re?ised to terminate their restrictive revocation policy 0.3df (last visited November 29, 2018). 2016-2019 Ventura County Community College DistricWentura County Federation of College teachers AFT local 1828, AFL-CIO Collective Bargaining Agreement Article 18.2.A. Available at: es/files/de mt- COMPLAINT - CLASS ACTION -7. SMITH MYERS LLP U: 800 Wilshirc Boulevard, Suite 800 Los Angcles, California 90017 Tel: (213) 613-2380 Fax: (213) 613-2395 ?damsaSBgeasa se 2:19-cv-00228 Document 1 Filed 01/10/19 Page 8 of 18 Page ID after McCain?s noti?cation of revocation of consent for such deductions. 24. Pursuant to its restrictive revocation policy, Defendants continued to collect and deduct union dues from McCain and other employees after they noti?ed the AFT that they did not consent to paying union dues or forced fees. Unless enjoined ?om so doing, the AFT and the Ventura District will continue to collect/deduct union dues from employees. 25. On information and belief, Defendants have enforced, and will continue to enforce, the restrictive revocation policy by collecting and deducting union dues from employees who noti?ed the AFT that they do not consent to paying union dues or fees. CLASS ACTION ALLEGATIONS 26. Plaintiff McCain brings this case as a class action pursuant to Federal Rules of Civil Procedure and and, alternatively, for himself and for all others similarly situated, and any subclasses deemed appropriate by this Court, as described in the following classes: 27. Plaintiff McCain is the class representative of the ?Revocation Class?, which consists of individuals: who are Ventura County Community College District employees exclusively represented by the AFT or one of its affiliates for purposes of collective bargaining, who resigned union membership and revoked their consent to the payment of any union dues, and who had or are still having union dues deducted from their wages in spite of such COMPLAINT - CLASS ACTION -3- SMITH MYERS LLP 800 Wilshirc Boulevard, Suite 800 Los Angeles, California 90017 Tel: (213) 613-2380 Fax: (213) 613-2395 dase 2:19-cv-00228 Document 1 Filed 01/10/19 Page 9 of 18 Page ID #29 \0 0? \l'm VI A b) resignation and revocation request. The class includes everyone who comes within the class de?nition at any time from the time of resignation from union membership and revocation of consent to the payment of dues. 28. Plaintiff McCain is the class representative of the ?Full Dues Class?, which consists of Ventura County Community College District employees exclusively represented by the AFT or one of its af?liates for purposes of collective bargaining who are subject or become subject to Defendants? restrictive revocation policy. 29. Upon information and belief, there are hundreds, if not thousands, of class members in both classes described above. Their number is so numerous that joinder is impractical. The precise number of class members is unknown to Plaintiff McCain, but it is clear that the number greatly exceeds the number to make joinder feasible. 30. There are questions of law and fact common to all Revocation and Full Dues class members. Factually, all have had union dues deducted from their wages and are or were subject to the same or similar restrictive revocation policy. For McCain and Full Dues class members, the dispositive legal question is whether Defendants? maintenance and enforcement of their restrictive revocation policy violates the First Amendment. For McCain and Revocation class members, the dispositive legal question is whether the deduction and collection of full union dues from employees? wages violates their rights under the First Amendment. COMPLAINT - cuss ACTION -9- SMITH MYERS LLP 800 Wilshire Boulevard, Suite 800 [.05 Angels, California 90017 Tel: (213) 613-2380 Fax: (2l3) 613-2395 Ca se 2:19-cv-00228 Document 1 Filed 01/10/19 Page 10 of 18 Page ID #:10 31. McCain?s claims and defenses are typical of the Full Dues class members? claims because they concern whether Defendants? restrictive revocation policy unlawfully restricts employees? First Amendment rights. 32. McCain?s claims and defenses are typical of the Revocation class members? claims because Defendants have seized and collected or are currently seizing and collecting dues ?'om McCain and Revocation class members in violation of their First Amendment right to not subsidize union activity without their af?rmative consent and known waiver of that First Amendment right, as recognized by the US. Supreme Court in Janus v. on June 27, 2018. 33. Plaintiff McCain can fairly and adequately represent the interests of both classes and has no con?ict with other, similarly situated. class members. McCain has no interest antagonistic to others who have been subjected by Defendants to the aforementioned restrictive revocation policy and union dues deductions scheme. 34. Plaintiff McCain?s counsel has considerable experience handling class actions and the types of claims asserted in the instant complaint. Moreover, Plaintiff McCain?s counsel is knowledgeable in the applicable law and possesses the necessary resources for committing to representing the class. 35. The Revocation Class identi?ed above can be maintained under Federal Rule of Civil Procedure because Defendants? duty to cease the union dues deductions and collections applies equally to McCain and class COMPLAINT - CLASS ACTION -10. Los Angeles, California 90017 Tel: (2l3) 613-2380 Fax: (213) 613-2395 SMITH MYERS LLP 800 Wilshirc Boulevard, Suite 300 0 cu_ mummem-o~o533335538 5e 2:19-cv-00228 Document 1 Filed 01/10/19 Page 11 of 18 Page ID #:11 members, and the prosecution of separate actions by individual class members would create a risk of inconsistent or varying adjudications, which would establish incompatible standards of conduct for Defendants. 36. The Revocation Class can be maintained under Federal Rule of Civil Procedure because an adjudication determining the constitutionality of union dues deductions in the aforementioned circumstances as to one of the class members, as a practical matter, will be dispositive of the interests of all class members or would substantially impair or impede the other class inembers? ability to protect their interests. 37. The Revocation Class can be maintained under Federal Rule of Civil Procedure 23(b)(2) because Defendants have acted to deprive McCain and class members of their constitutional rights on grounds generally applicable to all, thereby making declaratory, injunctive, and other equitable relief appropriate with regard to the class as a whole. 38. Alternatively, the Revocation Class can be maintained under Federal Rule of Civil Procedure 23(b)(3) because questions of law or fact common to the members of the class predominate over any questions affecting only individual members, in that the important and controlling questions of law or fact are common to all class members, whether the aforementioned dues deductions violate their First Amendment rights and whether the restrictive revocation policy of the CBA constitute a valid waiver of a constitutional right when it was rati?ed COMPLAINT CLASS ACTION SMITH MYERS LLP 800 Wilshirc Boulevard, Suite 800 Los Angeles, California 90011 Tel: (213) 613-2380 Fax: (2l3) 6l3-2395 Cd. aqmmaww?oogqaazm?zs se 2:19-cv-00228 Document 1 Filed 01/10/19 Page 12 of 18 Page ID #:12 before the right not to subsidize union activity was recognized by the US. Supreme Court in Janus v. AFSCAE on June 27, 2018. 39. The class action is superior to other available methods for the fair and ef?cient adjudication of the controversy, inasmuch as the individual respective class members are deprived of the same rights by Defendants? actions, differing only in the amount of money deducted. This fact is known to Defendants and easily calculated from Defendants? business records. The limited amount of money involved in the case of each individual?s claim would make it burdensome for the respective class members to maintain separate actions. 40. The Full Dues Class can be maintained under Federal Rule of Civil Procedure because separate class actions by Full Dues class members could risk inconsistent adjudications that would establish incompatible standards of conduct for Defendants. 41. The Full Dues Class can be maintained under Federal Rule of Civil Procedure because an adjudication determining the constitutionality of Defendants? maintenance of their restrictive revocation policy will, as a practical matter, be dispositive of the interests of all Full Dues class members or substantially impair or impede their ability to exercise their First Amendment rights. 42. The Full Dues Class can be maintained under Federal Rule of Civil Procedure 23(b)(2) because by maintaining and enforcing their restrictive COMPLAINT - CLASS ACTION -12. SMITH MYERS LLP 800 Wilshite Boulevard, Suite 800 Los Angeles, California 90017 Tel: (213) 613-2380 Fax: (213) 613-2395 Ca. ?waMA83383533335538 ;e 2:19-cv-00228 Document 1 Filed 01/10/19 Page 13 of 18 Page ID #213 revocation policy, Defendants have acted or re?ised to act on grounds that apply generally to members of the Full Dues Class, so that ?nal injunctive or declaratory relief is appropriate for the Full Dues class as a whole. CAUSES OF ACTION 43. Plaintiff McCain re-alleges and incorporates by reference the paragraphs set forth above in this Complaint. 44. McCain is suing Defendants under 42 U.S.C. 1983 and the Declaratory Judgment Act, 28 U.S.C. 2201, on behalf of himself and the requested class. EMU (Full dues deductions without consent and waiver of First Amendment rights violate 42 U.S.C. 1983 and the First and Fourteenth Amendments) 45. Defendants? maintenance and enforcement of its restrictive revocation policies and deduction of union dues from the wages of McCain and Revocation class members without the affirmative authorization and knowing waiver of First Amendment rights violates McCain?s and class members? First Amendment rights to free speech and association, as secured against state infringement by the Fourteenth Amendment to the United States Constitution and 42 U.S.C. 1983. 46. Furthermore, Defendants? continued deduction and collection of union dues in spite of the decision to revoke any prior dues authorization violates COMPLAINT CLASS ACTION -13- Los Angclec. Califomia 9001'] SMITH MYERS LLP 800 Wilshire Boulevard, Suite 800 Tel: (213) 613-2380 Fax: (213) 613.2395 2:19-cv-00228 Document 1 Filed 01/10/19 Page 14 of 18 Page ID #:14 McCain?s and Revocation Class members? First Amendment rights to the speech and association, as secured against state in?'ingement by the Fourteenth Amendment to the United States Constitution and 42 U.SC. 1983. 47. The US. Supreme Court held that under the First Amendment, ?[n]either an agency fee nor any other payment to the union may be deducted ?om a nonmember?s wages, nor may any other attempt be made to collect such payment, unless the employee af?rmatively consents to pay.? Janus v. Council 31 138 at 2486. 48. The US. Supreme Court in Janus further held that an individual?s consent to pay union dues requires a waiver of First Amendment rights. Id. In order to be effective, a waiver of First Amendment rights must be knowingly, clearly and voluntarily made. 49. Defendants did not obtain from McCain, Revocation Class members or Full Dues Class members a valid waiver of their First Amendment rights under Janus prior to the deduction of dues because, among other reasons, the dues authorization form and Defendants? more restrictive revocation policy in the CBA do not clearly inform employees that they have First Amendment rights not to ?nancially support an exclusive representative. Nor does the AF T?s dues authorization form or Defendants? CBA expressly state that the employee agrees to waive or restrict his/her First Amendment rights to a ??een (15) day window period. COMPLAINT CLASS ACTION -14- SMITH MYERS LLP 800 Wilshire Boulevard, Suite 800 Los Angeles, California 90017 Tel: (213) 613-2380 Fax: (2l3) 6l3-2395 Ca. Ee 2:19-cv-00228 Document 1 Filed 01/10/19 Page 15 of 18 Page ID #:15 50. Plaintiff McCain and Revocation Class members are suffering the irreparable harm and injury inherent in a violation of First Amendment rights, for which there is no adequate remedy at law, as a result of being subjected to Defendants? restrictive revocation policies, provisions and continued deductions of union dues. COUNT II (Defendants? Revocation Policy Deprives Plaintiff McCain, Full Dues Class Members and Revocation Class Members of their First Amendment Rights) 51. Defendants? restrictive revocation policy prohibits or prohibited McCain, Full Dues Class Members and Revocation Class Members from exercising their First Amendment rights under Janus to not subsidize a labor union and its speech. 52. Defendants did not obtain from McCain, Full Dues Class members, or Revocation Class members a valid waiver of their First Amendment rights under Janus because, among other reasons, the AF T?s dues authorization form and Defendants? more restrictive revocation policy in the CBA do not clearly inform employees that they have a First Amendment right not to ?nancially support an exclusive representative. Nor do they expressly state that the employee agrees to waive or restrict his/her exercise of First Amendment rights to a ?fteen (15) day window period. COMPLAINT CLASS ACTION -15- Los Angeles, California 90017 Tel: (213) 613-2380 Fax: (213) 613-2395 SMITH MYERS LLP 800 Wilshire Boulevard, Suite 800 Ca. 5e 2:19-cv-00228 Document 1 Filed 01/10/19 Page 16 of 18 Page ID #:16 53. Defendants? restrictive revocation policy caused and continues to cause the deduction and collection of union dues from McCain, Full Dues Class members and Revocation Class Members who do not consent to paying union dues or having union dues deducted from their wages. 54. Defendants? maintenance and enforcement of their restrictive revocation policy deprives McCain, Full Dues Class members and Revocation Class members of their First Amendment rights to free speech and association, as secured against infringement by the Fourteenth Amendment to the United States Constitution and 42 U.S.C. 1983. PRAYER FOR RELIEF Wherefore, Plaintiff McCain requests that this Court: A. Class Action: Enter an order, as soon as practicable, certifying this case as a class action, certifying the classes as de?ned in the complaint, certifying Plaintiff McCain as class representative of both classes, and appointing Plaintiff McCain?s counsel as class counsel for the classes; B. Declaratory Judgment: Enter a declaratory judgment that the restrictive revocation policies put in place by Defendants are unconstitutional under the First Amendment, as secured against State infringement by the Fourteenth Amendment and 42 U.S.C. 1983, and unenforceable and (ii) Enter a declaratory judgment that Defendants are violating McCain?s and Revocation Class members? First Amendment rights as secured against State infringement by COMPLAINT - cuss ACTION -l6- SMITH MYERS LLP 800 Wilshire Boulevard, Suite 800 [.05 Angeles, California 90017 Tel: (213) 68-2380 Fax: (213) 613-2395 Ca. xqmubwmmo$3385335:8 5e 2:19-cv-00228 Document 1 Filed 01/10/19 Page 17 of 18 Page ID #:17 the Fourteenth Amendment and 42 U.S.C. 1983, by collecting and deducting union dues from public employees who do not consent to paying union dues or who notify the union that they no longer consent to paying union dues. C. Injunctive Relief: Permanently enjoin Defendants, along with their of?cers, agents, servants, employees, attorneys, and any other person or entity in active concert or participation with them, from maintaining and enforcing their restrictive revocation policies and from collecting and deducting union dues from Plaintiff and other public employees who notify their union that they do not consent to paying union dues; (ii) Permanently enjoin Defendant Ventura County Community College District from carrying out dues deductions ?pursuant to the AF T?s revocation policies? from Plaintiffs and Revocation Class members? paychecks; Order Defendants to reimburse McCain and Revocation Class members the amount of money equal to the unlawfully and improperly withheld union dues deducted and collected up to two years prior to the commencement of this action, plus applicable interest, and (iv) permanently enjoin Defendants and all of their of?cers, agents, servants, employees, attorneys, and any other person or entity in active concert or participation with them, from enforcing Article 18.2.A of the collective bargaining agreement. D. Damages: Enter a judgment awarding McCain and Revocation Class members compensatory damages, refunds or restitution in the amount of union dues deducted or required to be paid, directly or indirectly, to the Union COMPLAINT - CLASS ACTION -17- SMITH MYERS LLP 800 Wilshire Boulevard, Suite 800 Los Angels, California 90017 Tel: (213) 613-2380 Fax: (213) 613-2395 Ca2:19-cv-00228 Document 1 Filed 01/10/19 Page 18 of 18 Page ID #:18 from their wages without their affirmative and knowing consent; (ii) Enter a judgment awarding nominal damages to Full Dues Class members. E. Costs and Attorneys? Fees: Award Plaintiff McCain and all class members their costs and reasonable attorneys? fees pursuant to the Civil Rights Attorneys? Fees Award Act of 1976, 42 U.S.C. 1988. F. Other Relief: Require the AFT to provide Plaintiff McCain and all class members with written notice that its revocation policies are unconstitutional and unenforceable and that they can exercise their First Amendment right to not pay union dues without their consent at any time; and (ii) Grant other and additional relief as the Court may deem just and proper. RESPECTFULLY SUBMITTED. Dated: January 9, 2019 SMITH MYERS LLP By ls/ Thomas Myers Thomas Myers Angel J. Valencia (Pro Hac Vice to be applied for) Milton L. Chappell (Pro Hac Vice to be applied for) Attorneys for Plaintiff Michael McCain and the Classes He Seeks to Represent COMPLAINT CLASS ACTION -1 8- CMIECF - California Central District Complaints and Other Initiating Documents McCain v. Ventura County Federation of College Teachers, AFT Local 1828 et al UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Notice of Electronic Filing The following transaction was entered by Myers, Thomas on 1/10/2019 at 2:40 PM PST and ?led on 1/10/2019 Case Name: McCain v. Ventura County Federation of College Teachers, AFT Local 1828 et a1 Case Number: 2:19-cv-00228 Filer: Michael McCain Document Number: 1 Docket Text: COMPLAINT Receipt No: 0973-23023671 - Fee: $400, filed by Plaintiff and the Classes He Seeks to Represent Michael McCain. (Attorney Thomas Myers added to party Michael Thomas) 2:19-cv-00228 Notice has been electronically mailed to: Thomas Myers myers@smithmyerslaw.com 2:19-cv-00228 Notice has been delivered by First Class U. S. Mail or by other means BY THE FILER to The following document(s) are associated with this transaction: Document descriptionzMain Document Original ?lename:C:\fakepath\Complaint - Class Actionpdf Electronic document Stamp: cacdStamp_ID=10202909l4 [Date=1/ 10/2019] [FileNumber=26918962?0 734t96bdab3e5684d549c0368ed ll?l