So if the union negotiates a raise in their conract is the non-member exempt from the raise?
No, I wouldn’t think so. In right-to-work states the union negotiates for all employees and non-members are not paid differently.
"What justifies the agency fee ... is the fact that the State compels the union to promote and protect the interests of nonmembers in “negotiating and admin- istering a collective-bargaining agreement and representing the in- terests of employees in settling disputes and processing grievances.” Lehnert, supra, at 556. That rationale has little application here, where Illinois law requires that all PAs receive the same rate of pay and the union has no authority with respect to a PA’s grievances against a customer.