Constitutionality of forced union dues (user search)
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  Constitutionality of forced union dues (search mode)
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Question: Is mandating public employees to pay union dues constitutional?
#1
Yes
 
#2
No
 
#3
Unsure
 
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Total Voters: 22

Author Topic: Constitutionality of forced union dues  (Read 3608 times)
Nation
of_thisnation
Junior Chimp
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Posts: 5,555
United States


« on: May 06, 2011, 11:46:56 PM »

I haven't seen the Hatch Act mentioned yet in this debate.  The Court already considered the idea of whether or not, under the First Amendment, public employees may be compelled to make contributions in the form of mandatory fees in lieu of union dues that support political activities.  I don't know what the percentage is today of public unions as opposed to private -- but I know it's growing.

Abood v, Detroit Board of Education dealt with this in 1977. The Court agreed that "the fact that the [teachers objecting to union fees and the union's political activities are compelled to make, rather than prohibited from making, contributions for political purposes works no less an infringement of their Constitutional rights." Potter Stewart noted in the decision: "the Constitution requires only that such expenditures be financed from charges, dues, or assessments paid by employees who do not object to advancing those ideas and who are not coerced into doing so against their will by the threat of loss of government employment."

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