Because nominal damages, means nominal damages to each class member. And as Local 1000 of the Service Employees Union found, that can be a substantial hit in the pocket. In this case means the difference between the $7 awarded by the district court to the 7 class representatives and the $37,000 the union will have to shell out to the 37,000 class members. It may be nominal to each class member, but a pretty good size check for the union to write. Cummings v. Connell (
9th Cir. 3/29/05) [pdf].
The suit over the improper withholding of agency fees from non-union members is another victory for the National Right to Work Legal Defense Foundation, Inc., which represented the plaintiffs as part of their on-going campaign for the rights of employees who choose not to be union members.