TITLE

miscellany

PUB. DATE
January 1992
SOURCE
Labor Law Journal;Jan92, Vol. 43 Issue 1, p65
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article comments on a U.S. federal appellate court ruling which held that under the Railway Labor Act (RLA), union members in an agency shop must pay full union dues, even if a portion of those dues are used to support political and ideological causes. In union shops, all employees are compelled to join the union as a condition of employment. Employees in agency shops are not required to become union members but must pay agency fees to the union. The U.S. Supreme Court has evaluated the use of union dues or agency fees for political purposes in many different contexts over the years, but the Court has never addressed the precise issue of members in an agency shop. The district court in this case held that union members should be permitted to pay reduced dues if they objected to the union's political and ideological objectives under the RLA. Moreover, the district court judge found precedent to support his finding that under the Bill of Rights, it is acceptable to force an employee to choose between protecting free speech or protecting a right to vote on the continuation or conditions of work. The court did not agree, however, and found that neither the RLA nor Bill of Rights gives a union member the right to associate as a union member but pay only for the costs of union activities related to collective bargaining.
ACCESSION #
17461035

 

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