Must Agency Shop Fee Challengers Exhaust Union-Provided Arbitration Procedures before Bringing a Claim in Federal Court - The United States Supreme Court Clarifies Hudson in Air Line Pilots Ass'n v. Miller
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Authors
Hartman, Kenneth W.
Issue Date
1999
Volume
32
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|On January 10, 1951, Congress amended the Railway Labor Act ("Act") to expressly allow agency shop fees. The amendment brought into existence section Eleventh of the Act, which was an effort to eliminate the "free riding" nonunion employee who did not pay union dues or fees, but benefited from the collective bargaining of a union that was legally required to represent all employees in a collective bargaining unit. After the enactment of section 2, Eleventh, nonunion employees began to challenge the constitutionality of the agency shop fees and how the unions spent the fees...
Description
Citation
32 Creighton L. Rev. 1845 (1998-1999)
Publisher
Creighton University School of Law