Agency fee - limitation of amount union may collect from non-members - freedom of association HEADNOTES Facts The International Association of Machinists and Aerospace Workers (hereinafter "the Machinists") is a national labor organization that is subdivided into district and local lodges. The lodges organize and represent employees for collective bargaining. Under U.S. law, by gaining the support of the majority of employees in a bargaining unit (normally a plant facility or portion thereof), the local lodge becomes the exclusive bargaining agent for all of the employees in the bargaining unit regardless of whether they are members of the union. Often the union succeeds in negotiating a 'union security' provision in the collective agreement that requires non-members to contribute their pro-rata share of the cost of the union's representation (agency fee). In Communication Workers v. Beck, 487 U.S. 735 (1988) the Supreme Court ruled that objecting non-members cannot be required to pay that por- tion of the union's operating costs that are expended for matters other than collective bargaining, contract administration, and grievance adjustment. The Court did not provide detailed guidance respecting the enforcement of the principles announced in its Beck decision. The Machinists adopted policies and procedures to
International Labour Law Reports Online – Brill
Published: Jan 1, 1995
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