Ellis et al. v. Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers, Express & Station Employes et al. (466 U.S. 435)
U.S. Supreme Court · decided April 25, 1984 · Supreme Court Database (Spaeth)
- Citation
- 466 U.S. 435 · 104 S. Ct. 1883
- Decided
- April 25, 1984
- Term
- October Term 1983
- Vote
- 8–1
- Majority author
- Justice White
- Issue area
- Unions
- Disposition
- Affirmed and reversed (or vacated) in part and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice White delivered the opinion of the Court. In 1951, Congress amended the Railway Labor Act (Act or RLA) to permit what it had previously prohibited — the union shop. Section 2, Eleventh of the Act permits a union and an employer to require all employees in the relevant bargaining unit to join the union as a condition of continued employment. 45 U. S. C. § 152, Eleventh. In Machinists v. Street, 367 U. S. 740 (1961), the Court held that the Act does not authorize a union to spend an objecting employee’s money to support political causes. The use of employee funds for such ends is unrelated to Congress’ desire to eliminate “free riders” and the resentment they provoked. Id., at 768-769. The Court did not express a view as to “expenditures for activities in the area between the costs which led directly to the complaint as to ‘free riders,’ and the expenditures to support union political activities.” Id., at 769-770, and n. 18. Petitioners challenge just such expenditures. I In 1971, respondent Brotherhood of Railway, Airline and Steamship Clerks (union or BRAC) and Western Airlines implemented a previously negotiated agreement requiring that all Western’s clerical employees join the union within 60 days of commencing employment. As the agreement has been interpreted, employees need not become formal members of the union, but must pay agency fees equal to members’ dues.…
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