lehnert ferris faculty assn argued november decided may subsequent abood detroit board education upheld constitutionality michigan public employment relations act provision outlined permissible union uses service fee authorized provision respondent ferris faculty association ffa affiliate michigan education association mea national education association nea serves exclusive bargaining representative faculty michigan ferris state college public institution entered arrangement college whereby bargaining unit employees belong ffa required pay mea nea service fee equivalent union member dues petitioners members ferris faculty objected particular uses unions service fees filed suit claiming inter alia uses purposes negotiating administering collective bargaining agreement violated rights first fourteenth amendments relevant district held certain union expenditures constitutionally chargeable petitioners appeals affirmed concluding activities question sufficiently related unions duties petitioners exclusive representative justify compelling petitioners assist subsidizing held judgment affirmed part reversed part case remanded affirmed part reversed part remanded justice blackmun announced judgment delivered opinion respect parts ii except final paragraph concluding abood decisions area set forth guidelines determining activities union constitutionally may charge dissenting employees specifically chargeable activities must germane collective bargaining activity justified government vital policy interest labor peace avoiding free riders benefit union efforts without paying union services significantly add burdening free speech inherent allowance agency union shop pp local bargaining representative may charge objecting employees pro rata share costs associated otherwise chargeable activities state national affiliates even activities performed direct benefit objecting employees bargaining unit essence affiliation relationship notion parent union bring bear often considerable economic political informational resources local need part local affiliation fee contributes pool resources potentially available assessed bargaining unit protection even actually expended unit particular membership year cf ellis railway clerks give local union carte blanche since must indication payment services may ultimately enure benefit local members virtue membership parent organization since union bears burden proving proportion chargeable expenses total expenses pp justice scalia statutory duties test supported cases must rejected since state labor laws rarely precise defining public sector unions duties members therefore afford courts litigants little guidance determining charges violate dissenting employees first amendment rights since test fails acknowledge effective representation often encompasses responsibilities extending beyond specifically delineated statute since test turns constitutional doctrine head making violations freedom speech dependent upon terms state statutes pp light foregoing general principles certain union activities issue may constitutionally supported objecting employees funds pp nea program expenditures destined michigan expenses mea publication teacher voice listed collective bargaining germane collective bargaining similar support services even though activities question directly benefit persons petitioners bargaining unit pp information services portions teacher voice concern teaching education generally professional development unemployment job opportunities mea award programs miscellaneous matters neither political public nature benefit even though directly concern members petitioners bargaining unit entail additional infringement first amendment rights cf ellis participation ffa delegates mea nea conventions coordinating council meeting event bargaining strategies representational policies developed bargaining units including petitioners likely engender important affiliation benefits since conventions essential union discharge bargaining agent duties even though solely devoted ffa activities cf ellis expenses incident preparation strike concede illegal michigan law substantively indistinguishable appurtenant collective bargaining negotiations aid negotiations enure direct benefit members dissenters unit impose additional burden upon first amendment rights pp justice blackmun joined chief justice justice white justice stevens concluded parts final paragraph part part certain union activities issue may constitutionally supported objecting employees funds pp charging dissenters lobbying electoral union political activities outside limited context contract ratification implementation justified government interest promoting labor peace avoiding free riders important compel dissenters engage core political speech disagree thus placing burden upon first amendment rights extends far beyond acceptance agency shop pp union program designed secure funds public education michigan portion teacher voice reported efforts shown oriented toward ratification implementation petitioners collective bargaining agreement litigation concern petitioners bargaining unit extension union literature reporting litigation germane union duties exclusive bargaining representative cf ellis litigation akin lobbying political expressive nature may cover diverse range activities bankruptcy proceedings employment discrimination public relations efforts designed enhance reputation teaching profession covering information picketing media exposure signs posters buttons entail speech political nature public forum sufficiently related union collective bargaining functions extend beyond negotiation contexts impose substantially greater burden upon first amendment rights ellis distinguished pp justice scalia joined justice justice kennedy justice souter although agreeing justice blackmun disposition many challenged expenditures concluded test neither required suggested earlier cases provides little guidance parties lower courts much administrable test implicit earlier decisions union may constitutionally compel contributions dissenting nonmembers agency shop costs performing union statutory duties exclusive bargaining agent see machinists street black dissenting applying latter test justice scalia also concluded inter alia number challenged expenses including public relations activities lobbying charged nonmembers pp raymond lajeunesse argued cause filed briefs petitioners robert chanin argued cause respondents brief bruce lerner briefs amici curiae urging affirmance filed american federation labor congress industrial organizations marsha berzon laurence gold american federation state county municipal employees councils et al lawrence poltrock richard kirschner paul schachter patrick scanlon james coppess briefs amici curiae urging reversal filed landmark legal foundation jerald hill mark bredemeier center national labor policy michael avakian robert gore pacific legal foundation et al ronald zumbrun anthony caso sharon browne public service research council edwin vieira justice blackmun announced judgment delivered opinion respect parts ii except final paragraph opinion respect parts final paragraph part parts chief justice justice white justice stevens join case presents issues concerning constitutional limitations upon payment required condition employment dues nonmember union public sector michigan public employment relations act act comp laws et seq provides duly selected union shall serve exclusive collective bargaining representative public employees particular bargaining unit act applies faculty members public educational institution michigan permits union government employer enter agency shop arrangement employees within bargaining unit decline become members union compelled pay service fee union respondent ferris faculty association ffa affiliate michigan education association mea national education association nea serves pursuant provision exclusive bargaining representative faculty ferris state college big rapids ferris public institution established michigan constitution funded state see const art viii since ffa ferris entered successive agreements containing agency shop provisions agreements fruit negotiations ffa respondent board control governing body ferris see comp law subsequent decision abood detroit board education upheld constitutionality michigan provision outlined permissible uses compelled fee unions ferris proposed ffa agreed agency shop arrangement issue agreement required employees bargaining unit belong ffa pay service fee equivalent amount dues required union member service fee period issue went ffa mea nea petitioners members ferris faculty period question objected certain uses unions service fees petitioners instituted action pursuant rev stat district western district michigan claiming use fees purposes negotiating administering collective bargaining agreement board control violated rights secured first fourteenth amendments constitution petitioners also claimed procedures implemented unions determine collect service fees inadequate bench trial district issued opinion holding certain union expenditures chargeable petitioners certain expenditures chargeable matter law still expenditures chargeable unions failed sustain burden proving expenditures made chargeable activities supp following partial settlement petitioners took appeal limited claim district erred holding costs certain disputed union activities constitutionally chargeable plaintiff faculty members specifically petitioners objected district conclusion union constitutionally charge costs lobbying electoral politics bargaining litigation activities behalf persons petitioners bargaining unit public relations efforts miscellaneous professional activities meetings conventions parent unions preparation strike materialized violated michigan law appeals one judge dissenting large part affirmed reviewing cases area concluded challenged activities sufficiently related unions duties exclusive bargaining representative petitioners unit justify compelling petitioners assist subsidizing dissenting judge concurred respect convention expenses disagreed majority resolution items challenged importance issues granted certiorari ii first opportunity consider constitutional dimensions union security provisions agency shop agreement issue first addressed question railway employee hanson recognized validity union shop agreement authorized eleventh railway labor act rla amended stat eleventh applied private employees michigan statute consider today rla provision issue hanson permissive nature expansive michigan act however challenged rla provision authorized agreement compelled union membership rather simply payment service fee nonmember employee finding concomitants compulsory union membership authorized rla extended financial support union activities determined challenged arrangement offend first fifth amendment values cautioned however assessments fact imposed purposes germane collective bargaining different problem presented omitted emphasized approval statutorily sanctioned agreement extend cases compelled membership used cover forcing ideological conformity action contravention first amendment hanson directly concern extent union dues collected governmentally authorized agreement may utilized support ideological causes political campaigns reluctant union members opposed addressed issue rla machinists street unlike hanson record street replete detailed information specific factual findings union dues dissenting employees used political purposes recognizing enacting eleventh rla congress sought protect expressive freedom dissenting employees promoting collective representation street construed rla deny unions authority expend dissenters funds support political causes employees objected two years later railway clerks allen another rla case reaffirmed holding emphasized important distinction union political expenditures germane collective bargaining latter properly chargeable dissenting employees statute although cases statutory construction street allen instructive delineating bounds first amendment area well expressly interpreted rla avoid serious doubt statute constitutionality street see ellis railway clerks rla cases necessarily provide guidance regarding first amendment countenance realm union support political activities mandatory assessments specifically cases make clear expenses relevant germane collective bargaining functions union generally constitutionally chargeable dissenting employees establish least private sector functions include political ideological activities decision abood addressed constitutionality union security provisions context upheld michigan statute us today facial first amendment challenge time determined claim union utilized individual agreement force dissenting employees subsidize ideological activities establish upon proper showing first amendment violation set several important propositions first recognized compel employees financially support collective bargaining representative impact upon first amendment interests unions traditionally aligned wide range social political ideological viewpoints number might bring vigorous disapproval individual employees force employees contribute albeit indirectly promotion positions implicates core first amendment concerns see wooley maynard right freedom thought protected first amendment state action includes right speak freely right refrain speaking second abood determined private sector compulsory affiliation monetary support public employment union without violate first amendment rights public employees similarly employee free speech rights unconstitutionally burdened employee opposes positions taken union capacity collective bargaining representative judgment clearly made hanson street interference exists constitutionally justified legislative assessment important contribution union shop system labor relations established congress connection indicated considerations justify union shop private context desirability labor peace eliminating free riders equally important public sector workplace consequently use dissenters assessments purposes collective bargaining contract administration grievance adjustment approved rla equally permissible authorized state workers third established constitutional principles prevent state conditioning public employment upon association political party see elrod burns plurality opinion upon professed religious allegiance see torcaso watkins similarly prohibit public employer requiring employee contribute support ideological cause may oppose condition holding job public educator abood attempt draw precise line permissible assessments collective bargaining activities prohibited assessments ideological activities note however similar line must drawn private sector rla distinction public sector may somewhat hazier process establishing written collective bargaining agreement prescribing terms conditions public employment may require merely concord bargaining table subsequent approval public authorities related budgetary appropriations decisions might seen integral part bargaining ibid finally ellis considered among issues first amendment challenge use dissenters funds various union expenses including union conventions publications social events recognizing allowing arrangements necessarily countenanced significant burdening first amendment rights limited inquiry whether expenses issue involve additional interference first amendment interests objecting employees whether nonetheless adequately supported governmental interest emphasis added applying standard challenged expenses found three properly supportable mandatory assessments dissenting employees ellis objected charges relating union social functions activities inherently expressive ideological nature purely sponsored union employees may constitutionally compelled affiliate union found forced contribution union social events open imposed additional burden first amendment rights although challenged expenses union publications conventions clearly communicative nature found entail little additional encroachment upon freedom speech none justified governmental interests behind union shop ibid see also keller state bar california communications workers beck thus although decisions area prescribe analysis determining activities union constitutionally may charge dissenting employees also set forth several guidelines followed making determinations hanson street progeny teach chargeable activities must germane collective bargaining activity justified government vital policy interest labor peace avoiding free riders significantly add burdening free speech inherent allowance agency union shop iii arguing principles exclude charges upheld appeals petitioners propose two limitations use unions dissenters contributions first urge may charged objection lobbying activities concern legislative ratification fiscal appropriations agreement second nonpolitical expenses petitioners assert local union may utilize dissenters fees activities though closely related collective bargaining generally undertaken directly behalf bargaining unit objecting employees belong accept former proposition find latter foreclosed prior decisions appeals determined unions constitutionally may subsidize lobbying political activities dissenters fees long activities pertinent duties union bargaining representative quoting robinson new jersey cert denied reaching conclusion relied upon inherently political nature salary workplace decisions public employment represent members effectively concluded public sector unions must necessarily concern negotiations bargaining table also advancing members interests legislative political arenas observation clearly correct unions often expend considerable resources securing ratification negotiated agreements proper state local legislative body see note union security public sector defining political expenditures related collective bargaining rev similarly union efforts acquire appropriations approved collective bargaining agreements often serve indispensable prerequisite implementation see developments law public employment harv rev reference characteristics public employment abood discussed somewhat hazier line purely ideological activities public sector dual roles government employer policymaker cases make analogy lobbying collective bargaining public sector close one however case challenged lobbying activities relate ratification implementation dissenter agreement financial support employee profession public employees generally connection union function bargaining representative attenuated justify compelled support objecting employees arrive result looking governmental interests underlying acceptance arrangements found arrangements justified government interest promoting labor peace avoiding problem otherwise accompany union recognition chicago teachers hudson abood neither goal served charging objecting employees lobbying electoral political activities relate agreement labor peace especially served allowing charges unlike negotiations union management national state legislatures media platform public discourse public fora open individual employees free petition neighbors government opposition union represents workplace worker union said speak one voice cause harmonious industrial relations compel objecting employees finance union political activities well similarly endorsed notion nonunion workers allowed benefit terms employment secured union efforts without paying services concern inapplicable lobbying extends beyond effectuation agreement balancing monetary policy choices performed legislatures limited workplace typically ramifications extend diverse aspects employee life perhaps important allowing use dissenters assessments political activities outside scope collective bargaining context present additional interference first amendment interests objecting employees ellis question expressive ideological content activities unlike discussion negotiators regarding terms conditions employment lobbying electoral speech likely concern topics individuals hold strong personal views although first amendment protection way limited controversial topics emotionally charged issues see winters new york buckley valeo abood extent one disagreement subject compulsory speech relevant degree impingement upon free expression compulsion effect burden upon freedom expression particularly great compelled speech public context utilizing petitioners funds political lobbying garner support public endeavors union use dissenter instrument fostering public adherence ideological point view finds unacceptable maynard first amendment protects individual right participation spheres precisely type invasion subject compelled speech discussion governmental affairs core first amendment freedoms roth mills alabama buckley valeo burden upon dissenters rights extends far beyond acceptance agency shop constitutionally impermissible accordingly hold state constitutionally may compel employees subsidize legislative lobbying political union activities outside limited context contract ratification implementation petitioners contention may charged collective bargaining activities undertaken directly behalf unit presents closer question consistently looked whether nonideological expenses germane collective bargaining hanson never interpreted test require direct relationship expense issue tangible benefit dissenters bargaining unit think require close connection ignore structure many unions including operate arrangements membership local union constitutes membership state national parent organizations see see also cumero public employment relations board noting inherent close organizational relationship essence affiliation relationship notion parent bring bear often considerable economic political informational resources local need consequently part local affiliation fee contributes pool resources potentially available local assessed bargaining unit protection even actually expended unit particular membership year recognized much ellis construed rla allow use dissenters funds help defray costs respondent union national conventions reasoned union perform statutory functions must maintain corporate associational existence must elect officers manage carry affairs may consult members overall bargaining goals policy see reason analogous public sector union activities treated differently therefore conclude local bargaining representative may charge objecting employees pro rata share costs associated otherwise chargeable activities state national affiliates even activities performed direct benefit objecting employees bargaining unit conclusion however serve grant local union carte blanche expend dissenters dollars bargaining activities wholly unrelated employees unit union surely may example charge objecting employees direct donation loan unrelated bargaining unit purpose promoting employee rights unionism generally contribution local union parent part local responsibilities affiliate nature charitable donation chargeable dissenters must indication payment services may ultimately enure benefit members local union virtue membership parent organization always union bears burden proving proportion chargeable expenses total expenses teachers hudson abood railway clerks allen conclude merely union need demonstrate direct tangible impact upon dissenting employee unit justice scalia find implicit cases since street rule constitutional charge must least incurred performance union statutory duties post preceding discussion indicates reject reading cases never held first amendment compels requirement prior decisions reasonably construed support stated proposition see ellis petitioners may feel money mean first amendment complaint see also keller state bar california distinguishing statutory constitutional duties context integrated state bar membership even viewed merely prophylactic rule enforcing first amendment union security context justice scalia approach ultimately must rejected relevant provisions michigan act illustrate state labor laws rarely precise defining duties public sector unions members indeed reasonable assume michigan provisions relating duties purposefully drafted broad terms provide unions flexibility discretion necessary accommodate needs constituents rla context furtherance common cause leaves leeway leadership group street douglas concurring quoted abood consequently terms act provide poor criterion determining charges violate first amendment rights dissenting employees broad language act begin explain specific activities issue fall within union collective bargaining function contemplated cases far providing standard justice scalia statutory duties test fails afford courts litigants guidance necessary make particularized distinctions important justice scalia rigid approach fails acknowledge practicalities complex interrelationship public employers employees unions public role effective representative context often encompasses responsibilities extend beyond specifically delineated skeletal state labor law statutes see abood exclusive bargaining representative gone beyond bare requirements law representing constituents employee contributions automatically mean constitution violated least funded activities transgressed state provisions nature problem governmental interest overcoming require union certain flexibility use compelled funds ellis therefore disagree justice scalia charge relate activity expressly authorized statute constitutionally invalid irrespective impact lack thereof free expression view analysis turns constitutional doctrine head instead interpreting statutes light first amendment principles interpret first amendment light state statutory law seems us proposal bears little relation values first amendment designed protect rule making violations freedom speech dependent upon terms state employment statutes sacrifice sound constitutional analysis appearance administrability turn union activities issue case iv appeals found union constitutionally charge petitioners costs preserve public education ppe program designed secure funds public education michigan portion mea publication teacher voice reported activities petitioners argue contrary findings courts ppe program went beyond lobbying activity sought affect outcome ballot issues millages local taxes support public schools given conclusion lobbying electoral politics generally factual dispute little consequence none activities shown oriented toward ratification implementation petitioner collective bargaining agreement hold none may supported funds objecting employees petitioners next challenge appeals allowance several activities union undertake directly behalf persons within petitioners bargaining unit objection principally concerns nea program expenditures destined michigan expenses teacher voice listed collective bargaining litigation conclusion unions may bill dissenting employees share general collective bargaining costs state national parent union dispositive bulk nea expenditures district found costs germane collective bargaining similar support services decline disturb finding greater relationship necessary collective bargaining context rationale extend however expenses litigation concern dissenting employees bargaining unit extension union literature reporting activities respondents clearly correct precedent established litigation behalf one unit may ultimately use another unit find litigation akin lobbying kind effect long recognized important political expressive nature litigation see naacp button recognizing certain groups association litigation may effective form political association moreover union litigation may cover diverse range areas bankruptcy proceedings employment discrimination see ellis unrelated objecting employee unit activities germane union duties exclusive bargaining representative ellis determined rla informed first amendment prohibits use dissenters fees litigation hold amendment proscribes assessments public sector appeals determined union constitutionally charge petitioners certain public relations expenditures connection said public relations expenditures designed enhance reputation teaching profession opinion sufficiently related unions duty represent bargaining unit employees effectively chargeable dissenters disagree like challenged lobbying conduct public relations activities issue entailed speech political nature public forum important public speech support teaching profession generally sufficiently related union collective bargaining functions justify compelling dissenting employees support expression kind extends beyond negotiation contexts imposes substantially greater burden upon first amendment rights latter activities accept appeals comparison public relations expenses costs union social activities held ellis chargeable dissenters ellis found communicative content union social activities derive solely union involvement therefore reasoned fact employee forced contribute increase infringement first amendment rights already resulting compelled contribution union ibid said public relations charges upheld appeals covered informational picketing media exposure signs posters buttons district appeals allowed charges portions teachers voice concern teaching education generally professional development unemployment job opportunities award programs mea miscellaneous matters informational support services neither political public nature although directly concern members petitioners bargaining unit expenditures benefit discern additional infringement first amendment rights might occasion short agree appeals expenses comparable de minimis social activity charges approved ellis see appeals ruled union use fees objecting employees send ffa delegates mea nea conventions participate coordinating council another union structure petitioners challenge determination argue unlike national convention expenses found chargeable dissenters ellis meetings issue affiliated parent unions rather local therefore relate exclusively petitioners unit need determine whether petitioners commanded support expenses conventions question simply whether unions may constitutionally require petitioners subsidize participation events delegates local hold may conventions solely devoted activities ffa prevent unions requiring petitioners support conclude first amendment require close connection moreover participation members local formal activities parent likely important benefit affiliation conclusion supported district description coordinating council meeting event bargaining strategies representational policies developed uniserv unit composed ferris state college central michigan university bargaining units held ellis onventions issue normal events seem us essential union discharge duties bargaining agent chargeability expenses incident preparation strike concede illegal michigan law comp laws provocative question beginning fiscal year ffa ferris engaged negotiating new collective bargaining agreement union perceived efforts ineffective began prepare job action familiar terms go strike preparations entailed creation ffa mea crisis center strike headquarters district found whatever label attached facility prior strike serves meeting place local membership base tactical activities informational picketing conducted serves apply additional pressure employer suggesting whether true local prepared strike necessary ffa actually engaged illegal strike union clearly charged expenses incident strike petitioners imagine legitimate governmental interest served compelling objecting employees subsidize activity state chosen disallow see male grand rapids education association app holding michigan law fees include money allocated support strikes appeal denied similarly one might expect state prohibit unions using dissenters funds threaten prepare conduct michigan legislature however chosen impose restriction find first amendment require limitation petitioners identify determination state michigan mere preparation illegal strike illegal public policy aware none accept rationale provided appeals upholding charges expenditures fall within range reasonable bargaining tools available public sector union contract negotiations district expressly credited trial testimony mea representative outward preparations potential strike serve effective bargaining tool one every seven eight job action investigations actually culminates strike appeals properly reviewed finding clear error see anderson bessemer city sum expenses substantively indistinguishable appurtenant collective bargaining negotiations district appeals concluded agree aid negotiations enure direct benefit members dissenters unit impose additional burden upon first amendment rights union may properly charge petitioners costs judgment appeals affirmed part reversed part case remanded proceedings consistent opinion ordered footnotes representatives designated selected purposes collective bargaining majority public employees unit appropriate purposes shall exclusive representative public employees unit purposes collective bargaining respect rates pay wages hours employment conditions employment shall recognized public employer comp laws statute reads othing act law state shall preclude public employer making agreement exclusive bargaining representative defined section require condition employment employees bargaining unit pay exclusive bargaining representative service fee equivalent amount dues uniformly required members exclusive bargaining representative agency shop provision collective bargaining agreement provided pertinent part employee covered negotiated agreement board control ferris state college ferris faculty association dated november shall condition employment days date commencement professional duties july whichever later join ferris faculty association pay service fee association equivalent amount dues uniformly required members ferris faculty association less amounts permitted law provided however bargaining unit member may authorize payroll deduction fee event bargaining unit member shall pay service fee directly association authorize payment payroll deduction college shall request association deduct service fee bargaining unit member salary remit association procedure provided bargaining unit members paying service fee provided herein whose service fees deducted college salaries may object use service fee matters permitted law procedure making objections officially adopted association copy association policy provided association upon request bargaining unit member record union defendants exh see wd michigan employment relations commission state agency responsible administering act reached conclusion applying statute local affiliates mea nea determining involvement nea mea local contract administration grievance adjustment legitimate aspect local service fee agency explained restrict chargeability activities directly relating local bargaining unit totally ignore fact affiliation community schools merc op see also garden city school district merc op agency conclusions law without effect upon find persuasive factual findings regarding structure operation labor organizations within jurisdiction relevant act provides representatives designated selected purposes collective bargaining majority public employees unit appropriate purposes shall exclusive representatives public employees unit purposes collective bargaining respect rates pay wages hours employment conditions employment shall recognized public employer comp laws bargain collectively performance mutual obligation employer representative employees meet reasonable times confer good faith respect wages hours terms conditions employment negotiation agreement question arising thereunder execution written contract ordinance resolution incorporating agreement reached requested either party obligation compel either party agree proposal require making concession justice scalia statutory duties test unworkable evidenced fact apparently unwilling apply fully charges issue case agrees determination dissenting employees may charged local contribution collective bargaining activities state national parent associations yet parent organizations bound statute contract provide collective bargaining support local local statutorily required affiliate contribute larger parent associations justice concludes reason insist order chargeable services use bargaining process committed contract rather practice usage post conclusion appears line view dissenters may charged services state required union provide analysis benefits affiliation practical matter may aid local union performing statutory duties irrelevant thus prohibit charges strike preparations despite admission visible preparations strike may strengthen union position negotiations post view inconsistency highlights unfeasibility justice scalia approach justice marshall concurring part dissenting part parties case dispute amount public sector unions may charge service fee employees union members agency shop provision like one covers petitioners dissenting nonunion employees generally obliged share union cost negotiating administering collective bargaining agreement key question confront whether consistently first amendment union may charge dissenting employees union activities conducted away bargaining table also reasonably designed influence public employer position bargaining table principal opinion concedes represent members effectively public sector unions must necessarily concern negotiations bargaining table also advancing members interests legislative political arenas ante quoting one expect endorsement proposition lead principal opinion led appeals district include within petitioners service fee costs lobbying legislators relevant voters increase funding public sector petitioners work namely education public relations campaign improve voters public employer view petitioners fellow teachers extent public employees may secure favorable terms collective bargaining agreement depends availability funds relevant public sector similarly favorable public attitude toward bargaining unit members likely public employer accept given bargaining proposal principal opinion rejects reasonable implications proposition whose truth concedes thus today holds respondent teachers unions national education association nea state affiliate michigan education association mea local affiliate ferris faculty association ffa ferris state college may assess ffa dissenting members lobbying public relations expenses described respectfully dissent two aspects today decision also disagree decision costs articles printed mea employee journal union litigation outside petitioners bargaining unit chargeable principal opinion requires mea isolate expense article charge solely bargaining unit involved particular suit neither precedent common sense supports burdensome accounting procedure particularly since publication costs issue de minimis parts ii iii respectively explain detail disagreement disposition three disputed charges particular analysis charges principal opinion otherwise join parts ii except final paragraph principal opinion consider first costs lobbying principal opinion concludes service fee charged petitioners may constitutionally include lobbying expenses incurred respondents expenses germane union collective bargaining responsibilities serve either government interests justify agency shop effect infringement petitioners first amendment associational speech freedoms beyond inherent agency shop believe principal opinion errs conclusions discuss turn principal opinion errs judgment creating narrow rule testing constitutional acceptability charges lobbying activities common ground activities chargeable unless germane activity ante however although justice blackmun opinion applies standard several charges us flexible manner precedents require see ante parts first paragraph elsewhere justice blackmun opinion fashions applies lobbying expenses new unjustifiably restrictive germaneness standard true lobbying expense district upheld chargeable case incurred ffa annual expenditures support preserve public education ppe conference district found ppe program directed securing funding public education michigan concluded public sector bargaining unit funding employment positions salaries benefits conditioned upon legislative appropriations lobbying directly related statutory duties exclusive representative wd appeals endorsed reasoning see principal opinion however comes different conclusion offering following new standard chargeability union activities challenged lobbying activities relate ratification implementation dissenter collective bargaining agreement financial support employee profession public employees generally connection union function attenuated justify compelled support objecting employees ante process establishing written agreement prescribing terms conditions public employment may require merely concord bargaining table subsequent approval public authorities related budgetary appropriations decisions might seen integral part bargaining process abood emphasis added thus recognized abood several different agents including administrators elected legislators comprise employer public sector unions negotiate ibid significant difference relatively unified authoritative management voice private sector public sector management voice fragmented partially authoritative induces responsible unions see higher level authority purpose influencing outcome negotiations begin beal practice collective bargaining ed cf abood supra uniqueness public employment special character employer quoting summers public sector bargaining problems governmental decisionmaking cin rev respondents ppe program aimed higher level authority hope influencing outcome negotiations principal opinion overlooks crucial language abood major precedent concerning public sector union security therefore finds nonchargeable union lobbying directed toward budgetary appropriations decisions abood found plausible component negotiating process lobbying nonchargeable opinion declares lies outside limited context contract ratification implementation ante emphasis added difference ratification negotiation appears solely temporal presumably words opinion permit lobbying education appropriations bill necessary fund existing collective bargaining agreement permit lobbying level funding advance agreement even though securing funding often might necessary persuade relevant administrators enter agreement see justification distinction principal opinion defends substitution ratification negotiation germaneness standard arguing inclusion ppe costs within dissenting employees service fees serve either governmental interests underlying agency shop namely preventing free riding ensuring labor peace neither argument persuades preventing free riding previously explained upholding union agency shop legislation arrangements counterac incentive employees might otherwise become free riders refuse contribute union obtaining benefits union representation necessarily accrue employees abood detroit board education supra justice blackmun opinion rejects possibility dissenting teachers exempted sharing lobbying costs might benefit unfairly expanded education budget free rider concern told inapplicable lobbying extends beyond effectuation collective bargaining agreement balancing monetary policy choices performed legislatures limited workplace typically ramifications extend diverse aspects employee life ante argument seems legislature increases funding education often makes compensating reduction dissenting employee may oppose area budget principal opinion may arguing dissenting employee incurred net benefit therefore termed free rider union lobbying campaign argument proves much however since readily applied ratification public sector labor contract union secures significant pay increase new agreement legislature ratifies agreement may well feel constrained make offsetting reduction funding programs employees benefit new agreement may nevertheless disagree legislature chosen fact state budgets often operate within framework excuse members bargaining unit sharing union cost obtaining benefits conclude traditional concern preventing free riding less applicable prior cases ppe lobbying program succeeds generating higher funding professors teachers public sector petitioners surely benefit along members bargaining unit help bear costs promoting labor peace principal opinion fares better suggestion charging dissenting employees ppe program fails advance governmental interest underlies agency shop namely promotion labor peace previously recognized michigan agency shop provision serves prevent confusion conflict arise rival teachers unions sought obtain employer agreement abood corollary principle unitary representation course sole representative must able speak employees represents thus union decides bargaining units represents best served campaign increase educational funding entitled pursue goal resources commensurate status sole representative principal opinion argues abor peace especially served allowing charges union lobbying ante dissenting employees free lobby legislatures support conflicting goals argument confuses labor peace employee unanimity always bargaining unit members public private sectors disagree union leaders say publicly action never deemed inconsistent labor peace interest labor peace requires union deals management official capacity collective bargaining representative allowed speak one voice appropriate strength reflects financial support unit members conclude interest advanced inclusion ppe costs fees charged petitioners principal opinion offers final argument show charging dissenters ppe costs violates first amendment opinion observes even given cost found germane union duties two governmental interests inform scope germaneness cost may still nonchargeable involves additional infringement first amendment rights beyond already accepted union shop arrangement justified governmental interests behind union shop ellis unfortunately opinion never examines whether ppe program causes additional infringement first amendment rights whether infringement may justified instead simply conclusory terms lobbying costs must excluded since lobbying occurs public context ante likely concern topics individuals hold strong personal views ante analysis scarcely faithful particularized inquiry commended ellis case examined whether costs union social activities publications conventions impose additional infringement concluded believe answer compelled respect ppe costs issue noted purpose ppe program increase funding public education obviously considerable overlap goal union objectives session typically include increased funding teachers salaries benefits perhaps work environments sure advocate greater spending educational programs make broader statement merely propose higher wages benefits educational personnel sense ppe program might said effect additional interference first amendment interests objecting employees ellis beyond already countenanced allowing union shop however additional interference corresponds crucial feature public sector decisional process legislatures often make budgetary choices broad level functional categories education rather level specific items within categories salaries benefits already noted moreover budgetary decisions may crucial union ability secure particular agreement conclude therefore whatever additional burden first amendment rights may arise inclusion ppe costs within service fees justified governmental interests behind union shop reaching contrary conclusion principal opinion relies principally wooley maynard struck state criminal law forbidding drivers obscure state motto live free die license plates found law violated first amendment improperly forcing citizen become instrument fostering public adherence ideological point view finds unacceptable opinion attempted analogy coercion issue wooley requirement petitioners bear fair share ppe costs wholly unpersuasive requirement dissenting member contribute ppe message likely violate dissenter right refrain speaking wooley supra wooley sufficient complaining party disagreed government message dispositive fact government forcing citizens courier message disagreed see thereby conscripting expressive capacities service government message petitioners expressive capacities conscripted rather petitioners simply required pay pro rata share lobbying costs incurred union representative chosen pursuant majority vote deemed costs worthwhile pursuing collective bargaining goals indeed find much closer analogy present case decisions rejecting claims taxpayers disagree government spending policies held context first amendment rights entitle dissenting citizens withhold share payments activities congress approved see lee amish must pay social security taxes even though violates religious beliefs much reason see first amendment violation requiring petitioners support decisions made behalf duly elected representatives pursuit limited powers delegated representatives final disputed charge petitioners place heading lobbying really lobbying cost petitioners object contributing portion mea employee publication teacher voice informed employees like petitioners lobbying activities mea nea undertaken principal opinion discuss reporting charges separately since finds expenses relating lobbying chargeable since find otherwise simply note like ppe program cost articles reporting program similar efforts increase funding influence benefits teachers chargeable said railway labor act rla stat amended et ellis seem apply equally michigan labor statute issue act surely allows union charge objecting employees reporting activities charge ellis supra district appears approved charges reports lobbying germane union duties bargaining representative see principally involved educational funding see app charges therefore upheld ii second category expenditures believe incorrectly excludes service fees costs local union public relations campaign appears ffa launched campaign modest sum annual expenditures see contract negotiations district found expenses incurred purpose informing public issues involved attempt bring public pressure bear employer type public relations campaign really specialized form lobbying chargeability costs evaluated much analysis set forth preceding section conclude public campaign designed enhance reputation teaching profession serves influence officials control terms public sector labor contracts way lobbying greater educational funding preceding analysis therefore find costs chargeable excluding costs service fees principal opinion argues charging dissenters public relations campaign violated first amendment involved speech political nature public forum ante analysis ppe program opinion never examines whether content speech actually involve additional interference first amendment interests objecting employees ellis beyond already imposed agency shop indeed opinion appears preoccupied form exclusion content giving great weight fact public relations campaign included informational picketing media exposure signs posters buttons ante quoting proper first amendment analysis based content however clear public relations campaign support teaching profession generally ante impose burdens upon dissenting employees significantly greater already created agency shop union negotiators must argue either implicitly explicitly collective bargaining session teachers represent including petitioners valuable public servants deserve higher compensation benefits agency shop requires dissenting employees support latter message see difference first amendment purposes requiring dissenting employees support public version message aimed parts public sector employer legislators voters compelled funding message praises one profession likely occasion strong personal reaction enforced support topical statements might provoke principal opinion observes extent one disagreement subject compulsory speech relevant degree impingement upon free expression compulsion effect ante iii finally disagree one significant respect analysis principal opinion union activities occurring outside petitioners bargaining unit opinion correctly holds expenses activities may included within service fees dissenting employees must bear share general collective bargaining costs state national parent union ante opinion finds dissenting employees may charged litigation concern dissenting employees bargaining unit extension union literature reporting activities ante opinion discussion litigation costs dicta since far appears record us costs issue case district advert litigation costs enumerated elements approved service fee see appeals omitted mention costs review trial judge ruling neither party discusses costs submissions costs reporting litigation issue case disagree unreasonable conclusion chargeable disputed expenses arise publication articles year mea statewide journal teacher voice see app described lawsuits mea involved appeals specifically address chargeability litigation reports declined determine whether district may erred permitting plaintiffs charged particular articles ground allegations essentially de minimis error characterization mea publication costs especially apt applied reports litigation district approved total dissenter charge petitioner see roughly reflected expenses teacher voice see since slightly publication column inches devoted litigation news see may reasonably assume roughly four cents petitioner service fee used report litigation surely amount de minimis district thus correct concluding standpoint decree requiring breakdown chargeable litigation expenses create unreasonable unmanageable administrative burden union defendants nevertheless justice blackmun opinion finds union must isolate costs articles describing litigation exclude dissenter charges undoubtedly added cost bargaining unit member including dissenters elaborate accounting exceed pennies dissenter charges may reduced find district result warranted constitution logic facts case determining activities may covered dissenter charges long recognized furtherance employees common cause leaves leeway leadership group abood quoting street douglas concurring bsolute precision calculation proportion union dues chargeable dissenters course expected required mindful difficult accounting problems may arise railway clerks allen charge petitioner challenges falls well within margin grace previously approved principal opinion ignores fact costs involved litigation reports minimal forges ahead conduct constitutional analysis presumably believes petitioners willing absorb greater charges likely result scrupulous accounting article costs order avoid payment even pennies articles disagree opinion reasons litigation akin lobbying due political expressive nature costs extraunit litigation litigation initiated behalf bargaining units chargeable ante opinion means state per se rule statement surely incorrect indeed belied record case litigation teacher voice reported included two lawsuits involving retirement benefits one damages claim individual teacher one suit contesting teacher control education process classroom two suits avert shutdowns schools need additional funding see app internal quotation marks omitted doubtful litigation political expressive nature concept evolved relevant cases see naacp button rather litigation appears germane collective bargaining particularly grievance duties union seems district held see assessing chargeable content articles teacher voice finding litigation treated cost germaneness test perhaps principal opinion means say respondents failed carry burden proving articles teacher voice covered lawsuits germane representational duties opinion hints holding something less extreme per se rule explains words respondents litigation reports nonchargeable unrelated objecting employee unit activities germane union duties exclusive bargaining representative ante emphasis added read statement opinion permit union representative show lawsuit filed statewide union parent related objecting employee unit even though suit arise facts occurring unit moreover disputed cost articles written litigation union might well show reporting germane duties represent objecting employee unit even underlying lawsuits information articles may useful employees since may confront legal issues similar faced sibling units may therefore contemplate bringing similar suits noted principal opinion determines none respondents costs reporting litigation chargeable judgment rests per se rule excluding reports litigation rather conclusion respondents failed prove litigation reported case related petitioners unit opinion engaged de novo factfinding without explaining basis overruling district findings appeals evaluate chargeability litigation articles teacher voice presumably finding costs involved particular article de minimis since opinion implicitly rejects appeals reliance de minimis rationale since first time district findings issue subjected appellate review proper course remand appeals determination whether district erred finding litigation articles chargeable see anderson liberty lobby see also hasting stevens concurring judgment undertake record review function better performed judges principal opinion also appears rely ellis railway clerks conclusion dissenters may compelled bear costs articles litigation ellis arose different circumstances view controlling ellis held union shop provisions rla authorize inclusion extraunit litigation costs within dissenter charges iven holding dissenters also charged expense reporting activities decision ellis however based scope statutory authorization taking account congress essential justification authorizing union shop desire eliminate free riders thus exclusion costs appears based solely rla principal opinion correctly notes statutory construction ellis informed first amendment ante nothing discussion litigation much less reporting litigation suggests constitutional rather statutory basis excluding particular costs dissenter charges accordingly ellis resolve question us whether state government agency shop agreement construed state law authorizing charges dissenting employees costs articles litigation violates first amendment inclined think long suits described articles chargeable expense within bargaining unit whose behalf suit brought leave resolved first instance appeals remand case even ellis exclusion reporting expenses based first amendment rather rla ruling control present case ellis evidence much less lower finding disputed reporting charges de minimis much doubt ellis imposed burdensome accounting procedure principal opinion requires amount dispute mere four cents see ellis upholding chargeability union expenses social activities amounted expenditures de minimis permitting union certain flexibility use compelled funds iv charges issue case reasonable conception germane duties respondent unions therefore advance important governmental interests deterring free riders promoting labor peace hand first amendment interests dissenting members bargaining unit like dissenting taxpayers insufficiently strong outweigh governmental interests reasons respectfully dissent conclusion three types charges discussed may included service fees one point discussion applicable law district assert breakdown litigation expenses constitutionally required statement however appears either referred allocation costs reporting litigation see infra page dictum justice scalia justice justice souter join justice kennedy joins part concurring judgment part dissenting part agree disposition many challenged expenditures agree test proposes view today opinion expands obscures category expenses union may constitutionally compel contributions dissenting nonmembers agency shop hold contributions compelled costs performing union statutory duties exclusive bargaining agent purports derive hanson street progeny ante proverbial test whereunder activities chargeable nonunion members bargaining unit germane collective bargaining activity justified government vital policy interest labor peace avoiding free riders significantly add burdening free speech inherent allowance agency union shop ibid shall later discuss find test set forth referenced opinions since moreover one three prongs test involves substantial judgment call germane justified significant additional burden seems calculated perpetuate litigation monetary claims individually insignificant cumulatively worth suing style present case take one example presented facts us majority permit charging nonmembers informational newsletter concern teaching education generally professional development unemployment job opportunities award programs mea miscellaneous matters ante four members majority permit charging informational picketing media exposure signs posters buttons ibid shall discuss greater detail later seems former allowed charge fails test latter disallowed charge fares worse former insofar asserted basis disallowance test concerned thus test application believed provides little guidance parties contemplating litigation lower courts eliminate past confusion merely establishes new terminology future confusion assigned think unhelpful test neither required even suggested earlier cases much administrable criterion ii past decisions considering constitutional statutory challenges state compulsion union dues focused narrowly upon union role exclusive bargaining agent railway employees hanson upheld federal union shop provision eleventh railway labor act rla eleventh first amendment challenge emphasized statute sought ensure workers reimburse unions unions bargaining efforts behalf hold requirement financial support collective bargaining agency receive benefits work within power congress violate first amendment hanson supra expressly reserved question whether act consistent constitution allow union charge expenses related bargaining justice black later described case thus hanson case held workers required pay part cost actual bargaining carried union selected bargaining agent authority congress congress doubtless required workers pay cost bargaining chosen bargaining carried secretary labor appropriately selected bargaining agent machinists street black dissenting emphasis added abood detroit bd reaffirmed union role bargaining agent gave rise state interest compelling dues designation union exclusive representative carries great responsibilities tasks negotiating administering agreement representing interests employees settling disputes processing grievances continuing difficult ones often entail expenditure much time money services lawyers expert negotiators economists research staff well general administrative personnel may required moreover carrying duties union obliged fairly equitably represent employees union within relevant unit arrangement thought distribute fairly cost activities among benefit counteracts incentive employees might otherwise become refuse contribute union obtaining benefits union representation necessarily accrue employees internal quotations citations omitted emphasis added statutory cases construing mandatory dues provisions eleventh rla act effect street said eleventh prescribing collective bargaining method settling railway disputes conferring upon unions status exclusive representatives negotiation administration collective agreements giving representation statutory board adjudicate grievances congress given unions clearly defined delineated role play effectuating basic congressional policy stabilizing labor relations industry performance functions entails expenditure considerable funds moreover held statutory scheme union status exclusive bargaining representative carries duty fairly equitably represent employees craft class union nonunion unions maintained expense performing duties congressional scheme fairness justified spreading costs employees benefitted argument decisive congress section eleventh contemplated compulsory unionism force employees share costs negotiating administering collective agreements costs adjustment settlement disputes analysis ellis railway clerks began reaffirming remain convinced congress essential justification authorizing union shop eleventh desire eliminate free riders employees bargaining unit whose behalf union obliged perform statutory functions refused contribute cost thereof emphasis added hen employees object burdened particular union expenditures test must whether challenged expenditures necessarily reasonably incurred purpose performing duties exclusive representative employees dealing employer issues emphasis added thus concluded example costs union membership drives charged although might true employees ultimately ride free union organizing efforts free rider congress mind employee union required represent withhold benefits obtained members expenses litigation seeking protect rights airline employees generally charged litigation incident negotiating administering contract settling grievances disputes arising bargaining unit litigation concerns bargaining unit employees normally conducted exclusive representative recently communications workers beck concluded act like statutory equivalent eleventh rla authorizes exaction fees dues necessary performing duties exclusive representative employees dealing employer issues quoting ellis supra emphasis added street ellis beck statutory cases good reason treat merely reflecting constitutional rule suggested hanson later confirmed abood street adopted construction railway labor act nowhere suggested language avoid serious doubt constitutionality justice black argued dissent neither eleventh part act contains implication even hint congress wanted limit purposes contracting union dues spent one suggested statutory construction eleventh possibly supported without crutch fear unconstitutionality black dissenting see also beck justice blackmun concurring part dissenting part accepted mode resolving statutory question lead construction foreign section express language legislative first amendment jurisprudence therefore recognizes correlation rights duties union one hand nonunion members bargaining unit state imposes upon union duty deliver services may permit union demand reimbursement looked end state creates nonmembers legal entitlement union may compel pay cost compelling state interest justifies constitutional rule simply elimination inequity arising fact union activity redounds benefit nonmembers private speech often furthers interests nonspeakers alone empower state compel speech paid distinctive however free riders nonunion members union bargaining unit respects free riders law requires union carry indeed requires union go way benefit even expense interests context bargaining union must seek interests nonmembers example negotiate particularly high wage increases members exchange accepting increases others thus free ridership left incidental calculated imposed circumstances mandated government decree understood source state power despite first amendment compel nonmembers support union financially elimination inequity otherwise arise mandated constitutional limits power naturally follow go beyond expenses incurred discharge union great responsibilities negotiating administering collective bargaining agreement representing interests employees settling disputes processing grievances abood cost performing union statutory functions ellis expenses necessary performing duties exclusive representative beck supra making disbursements union like economic actor seek eliminate inequity either eliminating benefit demanding payment exchange public relations campaign example nonmembers refuse contribute limit focus publicity union members even direct negative publicity nonmembers terminate campaign entirely reason certainly compelling reason sufficient survive first amendment scrutiny state interfere private ordering arrangements state distorted compelling union perform first part test announces activities reimbursement sought must germane collective bargaining activity properly elaborated stand proposition set forth elaborated manner applies expenditures us demonstrates considers expenditure germane collective bargaining merely reasonably necessary performance collective bargaining whenever reasonably designed achieve favorable outcome collective bargaining expenditures strike preparations view wrong adds two tests apparently expenditures pass first one must also meet neither compensates overly broad concept germaneness think two additional tests seemingly derived part vi ellis opinion represent mistaken reading case since make difference analysis expenditures issue need contest hold constitutional charge must least incurred performance union statutory duties make explicit implicit cases since street union constitutionally charge nonmembers expenses except incurred conduct activities union owes duty fair representation nonmembers charged iii applying test readily conclude number challenged expenses charged nonmembers michigan defines union duty ing exclusive representative public employees unit purposes collective bargaining defines collective bargaining performance mutual obligation employer representative employees meet reasonable times confer good faith respect wages hours terms conditions employment negotiation agreement question arising thereunder public relations activities though may certainly affect outcome negotiations part collective bargaining process reason agree challenged lobbying expenses nonchargeable emphatically agree costs parts union magazine concern teaching education generally professional development unemployment job opportunities award programs miscellaneous matters ante charged nonmembers appears concede magazine items challenged nothing whatever bargaining understand upheld even test suggests fall within de minimis exception ellis see charges allowed basis ellis cost refreshments union business meetings occasional social functions de minimis amount also first amendment impact constitutional communicative content inherent act stems union involvement objection union social hours therefore fact employee forced contribute increase infringement first amendment rights already resulting compelled contribution union permits charging expenses sending delegates conventions held michigan education association mea national education association nea coordinating council quoting ellis supra says onventions issue normal events seem us essential union discharge duties bargaining agent ante conventions issue ellis however union bargaining agent costs chargeable union perform statutory functions must maintain corporate associational existence must elect officers manage carry affairs may consult members overall bargaining goals policy reason obviously apply costs attendance convention another organization union bargaining agent chooses affiliate essential ferris faculty association discharge duties bargaining agent mea nea coordinating council maintain corporate associational existence elect officers etc may attendance certain meetings organizations matters specifically relevant union bargaining responsibilities discussed properly chargeable attendance conventions seems clearly another item relating affiliated organizations allows charged consists pro rata assessment nea costs providing collective bargaining services negotiating advice economic analysis informational assistance affiliates nationwide maintaining support staff necessary purpose obviously appropriate charge cost services actually provided ferris since relate directly performance union collective bargaining duty also appropriate charge nonunion members annual fee charged nea exchange contractually promised availability services nea demand ferris conceded argument however contractual commitment nonetheless permits charges made essence affiliation relationship notion parent bring bear often considerable economic political informational resources local need ante think resolution correct see reason insist order chargeable services use bargaining process committed contract rather practice usage becomes predictable requested assistance nea forthcoming nonunion members presumably cause object charges cause object written contracts services predictably honored assuredly agree however reason gives conclusion point perhaps accurately characterized general principle derives conclusion namely chargeability require direct relationship expense issue tangible benefit dissenters bargaining unit ante assuredly tangible benefit relating union performance representational duties tangible benefit however expert consulting services call even years used final category challenged expenses consists costs preparing strike conducting strike union act capacity bargaining agent employees reason nonmembers assessed costs strike neither assessed costs preparing strike may true course visible preparations strike strengthen union position negotiations strike many union activities including lobbying test chargeability described whether activities issue help hinder achievement union bargaining objectives whether undertaken part union representational duty foregoing reasons concur part dissent part proceeds assumption earlier cases forced contributions union implicate first amendment whether activities contributions directed communicative assumption challenged present appeal part vi ellis railway clerks addresses constitutionality first amendment compulsory payments three separate categories activities opinion earlier found rla permitted read contains two discussions first explanation first amendment violated compelled contribution two categories activity passed rla statutory duty requirement since discussed text statutory duty requirement constitutional test justification explanation little tautology brief part vi occupying little pages opinion compelled contributions violate first amendment involve little additional infringement first amendment rights beyond already accepted approving constitutionality union shop enforced dues union collective bargaining activities see second discussion part vi set forth additional requirement constitutionality pertained one compulsory payment furtherance statutory duty survived statutory analysis amount de minimis see additional requirement first amendment impact must de minimis well expenditure must communicative activity increase infringement first amendment rights already resulting compelled contribution union suggests ante broad language fails provide guidance scope union statutory duties seems however makes entirely clear union duties extend negotiating agreement resolving disputes demonstrates coincidentally error assertion burdensome courts construe scope union duties applicable laws assertion implausible event since courts routinely perform construction deciding suits alleging breach union statutory duty suggests ante cost nea assistance chargeable statutory duties test use assistance affirmatively required michigan statute distorts mean statutory duties test suppose union representatives required bring paper pencils negotiating sessions long commit relevant matters memory certainly permit union charge cost materials reasonably necessary effective performance statutory duty bargaining expenses distinguished may improve outcome negotiations means bargaining process justice kennedy concurring judgment part dissenting part join except part justice scalia opinion respect strike preparation activities agree majority indistinguishable substance expenses negotiating collective bargaining agreement find justice scalia test reasonable incur expenditures perform duties exclusive representative employees negotiating agreement opinion majority discerns altogether malleable test chargeability expenses test malleable part justice blackmun choose draw different lines respect expenses affiliates lines principled basis justice blackmun removes litigation lobbying scope holding local bargaining unit may charge employees pro rata share costs associated otherwise chargeable expenses affiliate unions makes little sense acknowledge justice scalia articulates ante permit charges affiliate expenditures expenditures provide tangible benefit local bargaining unit nature prepaid noncontractual consulting legal services plan local bargaining unit permitted charge dissenters collective litigation long unit enters contractual arrangement insurance policy affiliate justice blackmun distinction little meaning discern additional burden free speech arrangement long litigation undertaken course union duties exclusive bargaining representative draw substantive line litigation lobbying whether funded arrangement affiliate individual unit discussion litigation part conventions part justice blackmun places unfounded reliance upon ellis railway clerks disallowed expenses litigation allowed expenses union convention ellis however contains discussion whether local bargaining unit might choose fund litigation normal incident duties exclusive representative cost sharing arrangement auspices affiliate also justice scalia indicates conventions case us political events large part support analogy quadrennial convention issue ellis avoid establishing rigid categories conventions chargeable litigation rather examine whether expense reasonably necessarily incurred performance union statutory duties exclusive bargaining representative