EMPLOYEES WHO REFUSE TO PAY UNION DUES: FIRST AND FOURTEENTH AMENDMENT ISSUES IN NONASSOCIATION UNION SECURITY AGREEMENTS
G. W. CASSIDY
DOI: 10.2190/WM8Y-RBPY-YAQ0-HT5W
Abstract
Union security provisions in the public sector that provide for nonassociation but require financial contribution may raise several constitutional issues. Freedom of religion, speech, and association, as well as freedom of expression and choice, must be balanced against the bargaining rights and obligations of the exclusive representative where public law authorizes nonmember contribution under an agency or modified agency shop provision in a collective bargaining agreement. This article reviews court decisions relevant to these issues.This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.