2nd Circ. Not Buying NY's Argument Over Day Care Union

By Pete Brush (August 29, 2016, 3:47 PM EDT) -- The Second Circuit on Monday rejected New York's assertion that home day care workers' ties to the Civil Service Employees Association are too "infinitesimal" to amount to true representation, but it was not clear if it would revive the workers' claim that they have a First Amendment right not to associate with organized labor.

A three-judge panel grappled during oral arguments with an effort by plaintiffs including Mary Jarvis, who operate 10 of more than 5,700 day cares outside New York City, to revive their challenge to the union's ability to represent them in the state capital of Albany under the...

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