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To: NDJeep
The NLRB General Counsel memo seems to say that an employee does not have to be a member of the union but must pay the dues to the union if they wish to be covered under certain provisions of the union contract that everyone else works under. I believe the memo calls these employee's dues paying non-members. The Beck provision that says money can't be used for purposes against the employees wishes seem to apply only to these dues paying nonmembers.

In Communications Workers of America v. Beck, 487 U.S. 735 (1988), the Supreme Court held that the proviso to Section 8(a)(3) of the Act, which allows employers and unions to enter into union-security agreements, does not “permit a union, over the objections of dues-paying nonmember employees, to expend funds so collected [pursuant to a union-security clause] on activities unrelated to collective bargaining, contract administration or grievance adjustment.” The Court also concluded that “such expenditures violate the union’s duty of fair representation.”

In order to be eligible for Beck rights, an employee (1) must be a nonmember and (2) must be covered by a union-security clause in a collective-bargaining agreement. In general terms, a union’s obligations under Beck are to provide notice to nonmember employees of their Beck rights; to refrain from charging objectors for nonrepresentational expenses; to provide objectors with a financial disclosure; and to establish procedures for objectors to challenge the accuracy of the union’s disclosure.

3 posted on 11/22/2004 8:19:38 PM PST by gbchriste
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To: gbchriste
The Beck provision that says money can't be used for purposes against the employees wishes seem to apply only to these dues paying nonmembers.

The SCOTUS injuctions were much stronger.

4 posted on 11/22/2004 8:40:45 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: gbchriste
The Beck provision that says money can't be used for purposes against the employees wishes seem to apply only to these dues paying nonmembers.

The SCOTUS injunctions were much stronger.

5 posted on 11/22/2004 8:40:59 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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