Quote:
Originally posted by andViolins
Sorry Spanky, but this is incorrect. Whether you are a public sector employee (see Abood v. Detroit Board of Education, 431 U.S. 209 (1977)) or a private sector employee (see Pattern Makers v. NLRB , 473 U.S. 95 (1985)), NO employee can be required to be a union member.
Even if a contract requires union membership as a condition of employment (the closed shop clause), all that can be required is that the employee pay a fair share fee to the union. These "fair share fee payers" are not members of the union, do not have the right to attend meetings or vote on contracts, but they do enjoy all of the rights of the terms of the contract. The fair share fee usually ends up being around 93-94% of the total dues amounts.
The bottom line is that employees can be forced to pay money, but they cannot be forced to be "members" of a union.
aV
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That is a distinction without a difference.
If the employer is forced to pay their dues, then in reality they are forced to join. Now if the employer could refund the dues to the employee who did not join the union there would be freedom of choice and action.
