Source: Ronald Miller, Labor Law Journal, Vol. 58 no. 3, Fall 2007
It’s been thirty years since the U.S. Supreme Court decided Abood v. Detroit Board of Education, holding that requiring nonunion members of a bargaining unit in the public sector to provide financial support for the collective bargaining activities of a union in the form of agency fee payments did not violate the nonmembers’ First Amendment rights. However, three recent decisions, including one by the Supreme Court, make it clear that implementing an agency fee program that meets constitutional muster is still a troubling issue in a number of respects.