5. Two years later, in Chicago Teachers Union v. Hudson [475 U.S. 292 (1986)] the Supreme Court held that the constitutional requirements for the union's collection of agency fees from non-members would include: (1) an adequate explanation for the basis of the fee; (2) a reasonably prompt opportunity to challenge the amount of the fee before an impartial arbitrator; and (3) the establishment of an escrow fund for the amounts reasonably in dispute while any challenges are pending.

In addition, the Congress has current proposals under consideration would mostly codify the Supreme Court's decisions in Street, Abood, Ellis, Chicago Teachers Union, Beck, and Lehnert. These decisions have interpreted the NLRA and the RLA as restricting the use of compulsory union dues by labor organizations, providing for the disclosure of union expenditures, and notifying employees of their right not to join a union as a condition of employment (the payment of agency dues or fees would be required). However, the various proposals tend to go beyond the Court's interpretations of the statutes. One major difference, which appears in several bills, is the provision that prohibits labor organizations from collecting any dues or fees not related to collective bargaining, contract adminstration, or grievance adjustment unless the employee has agreed, in writing, to pay such dues or fees.

[Sources and text above gleaned from The Use Of Union Dues For Political Purposes: A Legal Analysis, by John Contrubis and Margaret Mikyung Lee, American Law Division, CONGRESSIONAL RESEARCH SERVICE, LIBRARY OF CONGRESS; Number 97-618. http://countingcalifornia.cdlib.org/crs/ascii/97-618]

In short, repeated U.S. Supreme Court decisions have decisively demonstrated that CA Public Employee Union members and agency fee payers (a) can allow their union dues to be used for political purposes, (b) can opt out anytime at a later date if change their minds and do not want the union to use their dues for political purposes, and (c) must be clearly informed by the union of both (a) and (b) above.

So then what's the real purpose of Prop. 75? It sure isn't to provide union members with the right to keep unions from using our dues for purposes we disagree with, we've already had that right for decades.

Jarrod J. Williamson, Ph.D.

We sleep safely in our beds because rough men stand ready in the night to visit violence on those who would do us harm.
About the Author

Jarrod J. Williamson, Ph.D. earned his doctorate in Chemical Engineering from UCLA and currently works in the public school system in Southern Calfornia. His personal blog can be found at http://www.asphaltadventist.blogspot.com