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1997-1998 Preview U.S. Sup. Ct. Cas. 392 (1997-1998)
Contesting Union-Imposed Fees: Must Arbitration Precede Litigation (97-428)

handle is hein.journals/prvw24 and id is 412 raw text is: L A B O R L A W Contesting Union-Imposed Fees: Must Arbitration Precede Litigation? by David L. Gregory PREVIEW of United States Supreme Court Cases, pages 392-395. © 1998 American Bar Association. ISSUE When a bargaining unit is represent- ed by a union, must nonmembers who dispute union-imposed fees, called agency fees, raise their objec- tions in arbitration before bringing them to court? (An agency fee is a fee imposed by a union on non- members who nonetheless benefit from the union's representation of all workers in a bargaining unit. The fee is limited to the costs of the union's representation of all workers with respect to compensation, work- ing conditions, and the like but does not include the cost of the union's political activities.) FACTS Ih November 1991, the Air Line Pilots Association (ALPA or the Association), the petitioner, and Delta Air Lines, Inc., negotiated sev- eral amendments to their existing collective bargaining agreement, including an agency-shop agree- ment. ALPA, a labor organization representing the pilots employed by most American commercial carriers, has agency-shop agreements with the majority of other airlines with which it bargains. The agency-shop agreement between ALPA and Delta provides that represented pilots who choose not to become or remain members of the Association will pay a service charge, or agency fee, to the Association in an amount equal to union dues and certain assessments. The ALPA-Delta agency-shop agreement was designed to comply with the Supreme Court's decision in Chicago Teachers Union, Local No. 1 v. Hudson, 475 U.S. 292 (1986). In Hudson, the Court held that the First Amendment requires a union to give nonmembers an ade- quate explanation of the basis for an agency fee and provide a reason- ably prompt opportunity to chal- lenge the amount of the fee before an impartial decision maker. ... 475 U.S. at 310 (emphasis added). David L. Gregory is professor of law at St. John's University School of Law, Jamaica, NY; (718) 990-6019. Professor Gregory's most recent publication is Dorothy Day's Lessons for the Transformation of Work, 14 HOFSTRA LAB. L.J. 57 (1996). AIR LINE PILOTS ASSOCATION V ROBERT A. MILLER ET AL. DOCKET No. 97-428 ARGUMENT DATE: MARCH 23, 1998 FROM: THE DISTRICT OF COLUMBIA CIRCUIT

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