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UNITED STATES OF AMERICA

UNITED STATES OF AMERICA Agency shop - obligation of non-union employees to arbitrate prior to legal auction HEADNOTES Facts Air Line Pilots Ass'n (ALPA), a private-sector labor organization cov- ered by the Railway Labor Act (RLA), is the exclusive collective bargaining representative of pilots employed by Delta Air Lines. The collective bargain- ing agreement between ALPA and Delta includes an "agency shop" clause that requires nonunion Delta pilots to pay ALPA a monthly service charge for representing them. For 1992, the first year ALPA collected the monthly agency fee, it determined that 19 percent of its expenses were not germane to collective bargaining; accordingly, it charged a fee equal to 81 percent of union dues. Some 153 nonunion Delta pilots brought suit against ALPA in federal district court, alleging that it had overstated the percentage of its expenditures properly attributable to germane union activities. Under ALPA's "Policies and Procedures Applicable to Agency Fees," pilots objecting to the fee calculations may request arbitration under proce- dures established by the American Arbitration Ass'n (AAA). When 174 Delta pilots (including 91 of the plaintiffs in the federal court action) filed timely objections to the 1992 agency-fee calculation, ALPA treated the objections as a request for http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

UNITED STATES OF AMERICA

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6028
DOI
10.1163/221160298X00423
Publisher site
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Abstract

Agency shop - obligation of non-union employees to arbitrate prior to legal auction HEADNOTES Facts Air Line Pilots Ass'n (ALPA), a private-sector labor organization cov- ered by the Railway Labor Act (RLA), is the exclusive collective bargaining representative of pilots employed by Delta Air Lines. The collective bargain- ing agreement between ALPA and Delta includes an "agency shop" clause that requires nonunion Delta pilots to pay ALPA a monthly service charge for representing them. For 1992, the first year ALPA collected the monthly agency fee, it determined that 19 percent of its expenses were not germane to collective bargaining; accordingly, it charged a fee equal to 81 percent of union dues. Some 153 nonunion Delta pilots brought suit against ALPA in federal district court, alleging that it had overstated the percentage of its expenditures properly attributable to germane union activities. Under ALPA's "Policies and Procedures Applicable to Agency Fees," pilots objecting to the fee calculations may request arbitration under proce- dures established by the American Arbitration Ass'n (AAA). When 174 Delta pilots (including 91 of the plaintiffs in the federal court action) filed timely objections to the 1992 agency-fee calculation, ALPA treated the objections as a request for

Journal

International Labour Law Reports Online – Brill

Published: Jan 1, 1997

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