Congressional Digest

Supreme Court Debates February 2007 No. 2 Vol. 10
Labor Unions and the Court

Political Advocacy by Unions

The Constitutionality of Unauthorized Use of Nonmembers

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Labor Unions and the Court

Litigating the Use of Dues for Political Speech

Under union shop agreements,labor unions must establish strict safeguards and procedures for ensuring thatnonmembers’ dues are not used to support certain political and ideologicalactivities that are outside the scope of normal collective bargainingactivities. The “union shop or “agency shop agreement essentially providesthat employees do not have to join the union, but must support the union inorder to retain employment by paying dues to defray the costs of collectivebargaining, contract administration, and grievance matters.             In a line of decisions, the Supreme Court has addressedthis issue and has concluded that compulsory union dues of nonmembers may notbe used for political and…

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