Should the Court Overrule Lehnerts Test For Determining Whether Union Expenditures Are Related to Collective Bargaining?
In the fall 2008 term, the U.S. Supreme Court will hear argument in Locke v. Karass, a case of more potential significance than suggested by the narrow question presented: whether, consistent with the First Amendment, the State may compel non-member employees to fund litigation by the affiliate of a union certified as their exclusive bargaining agent. Certiorari was granted to resolve a circuit split over whether such “extra-unit” litigation expenses are “chargeable” to dissenting non-members, but Locke presents a possible opportunity for the Court to revisit the prevailing constitutional standard for determining when public sector unions may compel financial support for their activities from non-members. In Locke, both the non-members and their exclusive bargaining agents under Maine law urge the Court to rule in their favor based on Lehnert v. Ferris Faculty Association,1 where the majority opinion of a splintered court led by Justice Blackmun—joined, in relevant part, by Justices Re
Related Questions
- Should the Court Overrule Lehnerts Test For Determining Whether Union Expenditures Are Related to Collective Bargaining?
- As an employer, can I negotiate my responsibility to complete the I-9s in a collective bargaining agreement with a union?
- Would an AP union limit salaries? Wouldn a collective bargaining contract result in some sort of salary cap?
