Teacher Bargaining/Political Act pp.282-289

Nicola Moxey

MED 6490

February 9, 2010

Lehnert v. Ferris Faculty AssociationSupreme Court of the United States, 1991 500 U.S. 507

• The case presented issues concerning the constitutional limitations, if any, upon the payment, required as a condition of employment, of dues by a nonmember to a union in the public sector.

* Court of Appeals found that the union could constitutionally charge petitioners for the costs of a Preserve Public Education program. The Court of Appeals also determined that the union constitutionally could charge petitioners for certain public-relations expenditures. They stated that “Public relations expenditures designed to enhance the reputation of the teaching profession…are, in our opinion, sufficiently related to the unions’ duty to represent bargaining unit employees effectively so as to be chargeable to dissenters”.

Case-by-Case Analysis/Guidelines

• Chargeable activities must 1) be germane to collective-bargaining activities; 2) be justified by the government’s vital policy interest in labor peace and avoiding “free riders”; and 3) not significantly add to the burdening of free speech that is inherent in the allowance of an agency or union shop.

Additional Cases

1) Abood v. Detroit BOEUpheld the constitutionality of the Michigan agency-shop

provision and outlined permissible uses of the compelled fee by public-employee unions

2) Chicago Teachers Union Local No.1 v. HudsonCourt held that the Constitution requires 1) an adequate

explanation of the basis for the fee; 2) a reasonably prompt opportunity to challenge, before an impartial decision maker, the amount of the fee; and 3) an escrow for the amounts reasonably in dispute while such a challenge is pending