Lehnert v. Ferris Faculty Ass'n

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Lehnert v. Ferris Faculty Association
Seal of the United States Supreme Court.svg
Argued November 5, 1990
Decided May 30, 1991
Full case nameJames P. Lehnert, et al., Petitioners v. Ferris Faculty Association, et al.
Citations500 U.S. 507 ( more )
111 S. Ct. 1950; 114 L. Ed. 2d 572; 1991 U.S. LEXIS 3017; 59 U.S.L.W. 4544; 137 L.R.R.M. 2321; 91 Cal. Daily Op. Service 3972; 91 Daily Journal DAR 6313
Case history
Prior556 F. Supp. 309 (W.D. Mich. 1982);
643 F. Supp. 1306 (W.D. Mich. 1986);
881 F.2d 1388 (6th Cir. 1989);
893 F.2d 111 (6th Cir. 1989)
Holding
Unions may compel contributions from nonmembers only for the costs of performing its duties as exclusive bargaining agent.
Court membership
Chief Justice
William Rehnquist
Associate Justices
Byron White  · Thurgood Marshall
Harry Blackmun  · John P. Stevens
Sandra Day O'Connor  · Antonin Scalia
Anthony Kennedy  · David Souter
Case opinions
MajorityBlackmun (parts I, II, III-B, III-C, IV-B (except final paragraph), IV-D, IV-E, IV-F), joined by Rehnquist, White, Marshall, Stevens
PluralityBlackmun (parts III-A, IV-A, IV-B (final paragraph), IV-C, V), joined by Rehnquist, White, Stevens
Concur/dissentMarshall
Concur/dissentScalia, joined by O'Connor, Souter; Kennedy (all but part III-C)
Concur/dissentKennedy
Laws applied
U.S. Const. amend. I

Lehnert v. Ferris Faculty Association, 500 U.S. 507 (1991), deals with First Amendment rights and unions in public employment. [1]

Contents

Background

Due to collective bargaining laws in some states (in this case, Michigan), employees in the public sector (in this case Ferris State University) are often required to either join a union or pay a "service fee" to a union (in this case, the Ferris Faculty Association, Michigan Education Association, and National Education Association) for the collective bargaining services. This case pertains to the usage and collection of union dues in the form of "service fees" from dissenting nonmember employees. The Plaintiffs argued that their required "services fees" are not going toward collective bargaining, but rather toward other union activities with which they disagree (such as political lobbying), and thus the compulsory fees are a violation of their freedom of speech rights. [1] The defendant union argued that their non-bargaining activities are "designed to influence the public employer's position at the bargaining table," and therefore that they benefit the collective bargaining process.

Opinion of the Court

In a majority opinion by Justice Blackmun, the Court found that unions may compel contributions from nonmembers only for the costs of performing its duties as exclusive bargaining agent. The Court found largely for the Plaintiff, but also continued to uphold the compulsory "service fee" itself and affirmed some of the questioned uses of the "service fee." In general, freedom of speech rights are found to limit what "service fees" may be used for. The Court ruled that the majority of the "service fees" collected in this case were used unconstitutionally. Also, the court now requires unions to provide an audited accounting report of their "service fee" spending to fee-paying nonmembers.

This case provides broad clarification on the subject of required union fees in the public sector. It strikes down a previously used three-part test in favor of a more practical one-part test. This new test dictates that: "a union may constitutionally compel contributions from dissenting nonmembers in an agency shop only for the costs of performing the union's statutory duties as exclusive bargaining agent." However, much leeway and uncertainty still exists regarding the acceptable use of union "service fees" in the public sector.

Allowed uses of union "service fees"

The court found that "a union may constitutionally compel contributions from dissenting nonmembers in an agency shop only for the costs of performing the union's statutory duties as exclusive bargaining agent." These costs include:

Illegal uses of union "service fees"

The court also found that "certain other of the union activities at issue may not constitutionally be supported through objecting employees' funds." These disallowed costs include:

Rationale

The following cases were cited in the majority opinion:

See also

Notes

  1. 1 2 Lehnert v. Ferris Faculty Ass'n, 500 U.S. 507 (1991).