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Unpublished Paper
Bad Math: How Non-Union Employees Are Unconstitutionally Compelled to Subsidize Political Speech
(2015)
  • Shirley V. Svorny
  • Melanie S. Williams, California State University, Northridge
Abstract

Employees’ right to organize and be represented by unions is in tension with the right of other employees not to join organizations as a condition of employment. Current law permits unions to assess agency fees from represented non-members, reflecting the cost of representational activities (for example, contract negotiation). Unions may not, however, assess non-members for the cost of political activities, since this would infringe on the constitutional rights of such employees by requiring them to subsidize political speech. The method of calculating agency fees, however, has been almost uniformly mishandled, resulting in overcharging non-union members. In this paper, we examine the mathematical problem and propose a solution so that the rights of agency fee payers are not constitutionally imperiled by improper union assessments.

Keywords
  • unions,
  • agency fees,
  • fair share fees,
  • agency fee payers,
  • first amendment,
  • constitution,
  • dues,
  • union dues
Publication Date
2015
Citation Information
Shirley V. Svorny and Melanie S. Williams. "Bad Math: How Non-Union Employees Are Unconstitutionally Compelled to Subsidize Political Speech" (2015)
Available at: http://works.bepress.com/melanie_williams/9/