Lehnert v. Ferris Faculty Assn.

500 U.S. 507, 111 S. Ct. 1950, 114 L. Ed. 2d 572, 1991 U.S. LEXIS 3017
CourtSupreme Court of the United States
DecidedMay 30, 1991
Docket89-1217
StatusPublished
Cited by221 cases

This text of 500 U.S. 507 (Lehnert v. Ferris Faculty Assn.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lehnert v. Ferris Faculty Assn., 500 U.S. 507, 111 S. Ct. 1950, 114 L. Ed. 2d 572, 1991 U.S. LEXIS 3017 (1991).

Opinions

[511]*511Justice Blackmun

announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, III-B, III-C, IV-B (except for the final paragraph), IV-D, IV-E, and IV-F, and an opinion with respect to Parts III-A and IV-A, the final paragraph of Part IV-B, and Parts IV-C and V, in which The Chief Justice, Justice White, and Justice Stevens join.

This case presents issues concerning the constitutional limitations, if any, upon the payment, required as a condition of employment, of dues by a nonmember to a union in the public sector.

I

Michigan’s Public Employment Relations Act (Act), Mich. Comp. Laws §423.201 et seq. (1978), provides that a duly selected union shall serve as the exclusive collective-bargaining representative of public employees in a particular bargaining unit.1 The Act, which applies to faculty members of a public educational institution in Michigan, permits a union and a government employer to enter into an “agency-shop” arrangement under which employees within the bargaining unit who decline to become members of the union are compelled to pay a “service fee” to the union.2

[512]*512Respondent Ferris Faculty Association (FFA), an affiliate of the Michigan Education Association (MEA) and the National Education Association (NEA), serves, pursuant to this provision, as the exclusive bargaining representative of the faculty of Ferris State College in Big Rapids, Mich. Ferris is a public institution established under the Michigan Constitution and is funded by the State. See Mich. Const., Art. VIII, §4. Since 1975, the FFA and Ferris have entered into successive collective-bargaining agreements containing agency-shop provisions. Those agreements were the fruit of negotiations between the FFA and respondent Board of Control, the governing body of Ferris. See Mich. Comp. Law §390.802 (1988).

Subsequent to this Court’s decision in Abood v. Detroit Board of Education, 431 U. S. 209 (1977), in which the Court upheld the constitutionality of the Michigan agency-shop provision and outlined permissible uses of the compelled fee by public-employee unions, Ferris proposed, and the FFA agreed to, the agency-shop arrangement at issue here. That agreement required all employees in the bargaining unit who did not belong to the FFA to pay a service fee equivalent to the amount of dues required of a union member.3 Of the [513]*513$284 service fee for 1981-1982, the period at issue, $24.80 went to the FFA, $211.20 to the MEA, and $48 to the NEA.

Petitioners were members of the Ferris faculty during the period in question and objected to certain uses by the unions of their service fees. Petitioners instituted this action, pursuant to Rev. Stat. §§1979-1981, 42 U. S. C. §§1983, 1985, 1986, in the United States District Court for the Western District of Michigan, claiming that the use of their fees for purposes other than negotiating and administering a collective-bargaining agreement with the Board of Control violated rights secured to them by the First and Fourteenth Amendments to the United States Constitution. Petitioners also claimed that the procedures implemented by the unions to determine and collect service fees were inadequate.

After a 12-day bench trial, the District Court issued its opinion holding that certain union expenditures were chargeable to petitioners, that certain other expenditures were not chargeable as a matter of law, and that still other expenditures were not chargeable because the unions had failed to sustain their burden of proving that the expenditures were made for chargeable activities. 643 F. Supp. 1306 (1986).

Following a partial settlement, petitioners took an appeal limited to the claim that the District Court erred in holding [514]*514that the costs of certain disputed union activities were constitutionally chargeable to the plaintiff faculty members. Specifically, petitioners objected to the District Court’s conclusion that the union constitutionally could charge them for the costs of (1) lobbying and electoral politics; (2) bargaining, litigation, and other activities on behalf of persons not in petitioners’ bargaining unit; (3) public-relations efforts; (4) miscellaneous professional activities; (5) meetings and conventions of the parent unions; and (6) preparation for a strike which, had it materialized, would have violated Michigan law.

The Court of Appeals, with one judge dissenting in large part, affirmed. 881 F. 2d 1388 (CA6 1989). After reviewing this Court’s cases in the area, the court concluded that each of the challenged activities was sufficiently related to the unions’ duties as the exclusive bargaining representative of petitioners’ unit to justify compelling petitioners to assist in subsidizing it. The dissenting judge concurred with respect to convention expenses but disagreed with the majority’s resolution of the other items challenged. Id., at 1394. Because of the importance of the issues, we granted certio-rari. 496 U. S. 924 (1990).

h-1 1 — 4

This is not our first opportunity to consider the constitutional dimensions of union-security provisions such as the agency-shop agreement at issue here. The Court first addressed the question in Railway Employes v. Hanson, 351 U. S. 225 (1956), where it recognized the validity of a “union-shop” agreement authorized by § 2 Eleventh of the Railway Labor Act (RLA), as amended, 64 Stat. 1238, 45 U. S. C. § 152 Eleventh, as applied to private employees. As with the Michigan statute we consider today, the RLA provision at issue in Hanson was permissive in nature. It was more expansive than the Michigan Act, however, because the challenged RLA provision authorized an agreement that corn-[515]*515pelled union membership, rather than simply the payment of a service fee by a nonmember employee.

Finding that the concomitants of compulsory union membership authorized by the RLA extended only to financial support of the union in its collective-bargaining activities, the Court determined that the challenged arrangement did not offend First or Fifth Amendment values. It cautioned, however: “If ‘assessments’ are in fact imposed for purposes not germane to collective bargaining, a different problem would be presented.” 351 U. S., at 235 (footnote omitted). It further emphasized that the Court’s approval of the statutorily sanctioned agreement did not extend to cases in which compelled membership is used “as a cover for forcing ideological conformity or other action in contravention of the First Amendment.” Id., at 238.

. Hanson did not directly concern the extent to which union dues collected under a governmentally authorized union-shop agreement may be utilized in support of ideological causes or political campaigns to which reluctant union members are opposed. The Court addressed that issue under the RLA in Machinists v. Street, 367 U. S. 740 (1961).

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Cite This Page — Counsel Stack

Bluebook (online)
500 U.S. 507, 111 S. Ct. 1950, 114 L. Ed. 2d 572, 1991 U.S. LEXIS 3017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lehnert-v-ferris-faculty-assn-scotus-1991.