14 J.L. & Educ. 57 (1985)
A Union Perspective

handle is hein.journals/jle14 and id is 67 raw text is: A Guide to the Changing Court Rulings
on Union Security in the Public Sector:
A Union Perspective
RICHARD J. DARKO*
JANET C. KNAPP**
I. Introduction
On April 25, 1984, the United States Supreme Court decided the case
of Ellis v. Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and Station Employees.' Justice White,
writing for the Court, provided valuable guidance to unions in appor-
tionment and collection of representation fees from non-members.
The Ellis case involved a challenge by objecting employees to certain
expenditures and rebate procedures of their exclusive representative.
Under a collective bargaining agreement negotiated pursuant to the Rail-
way Labor Act,2 the employees were required, as a condition of employ-
ment, to pay agency fees equal to members' dues to the union.3
The objecting employees asserted that use of their fees for certain
union activities violated their first amendment rights. The Court first
ascertained whether the activities were properly charged to the objectors
under the Act before turning to the constitutional challenge.'
The employees challenged the use of their fees for six specific ac-
tivities: the union's grand lodge convention; litigation other than that in-
volving the negotiation of agreements or settlement of grievances; union
publications; union social activities; death benefits for all employees; and
general organizing efforts by the union.
* B.A., Notre Dame University; J.D. Indiana Univesity. Mr. Darko is a partner in the In-
dianapolis law firm of Bayh, Tabbert & Capehart.
** B.A., J.D., Indiana University. Ms. Knapp is associated with the Indianapolis law firm of
Bayh, Tabbert & Capehart.
I __  U.S. -, 104 S.Ct. 1883 (1984).
2 45 U.S.C.  151, 152 Subdivision 11 (1982).
3Id.
4 -  U.S. at -, 104 S.Ct. at 1890.
5 Id.

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