communications workers beck argued january decided june section national labor relations act nlra permits employer union enter agreement requiring employees bargaining unit pay union dues condition continued employment whether employees become union members petitioner communications workers america cwa entered agreement contains clause represented employees become union members must pay union agency fees amounts equal dues paid union members respondents employees chose become union members filed suit federal district challenging cwa use agency fees purposes collective bargaining contract administration grievance adjustment hereinafter activities alleged expenditure fees activities organizing employees employers lobbying labor legislation participating social charitable political events violated cwa duty fair representation first amendment concluded cwa collection disbursement agency fees purposes activities violated associational free speech rights objecting nonmembers granted injunctive relief order reimbursement excess fees appeals preferring rest judgment ground constitution ultimately concluded inter alia collection fees purposes unrelated collective bargaining violated cwa duty fair representation held courts properly exercised jurisdiction respondents claims exactions agency fees beyond necessary finance activities violated judicially created duty fair representation respondents first amendment rights although national labor relations board board primary jurisdiction respondents claim cf san diego building trades council garmon courts precluded deciding merits claim insofar decision necessary disposition respondents challenge federal courts may resolve unfair labor practice questions emerge collateral issues suits brought independent federal remedies respondents attempt circumvent board primary jurisdiction casting statutory claim violation cwa duty fair representation instead necessity deciding scope arose cwa copetitioner local unions sought defend ground statute authorizes type agreement issue pp section permit union objections nonmember employees expend funds collected activities unrelated activities pp decision machinists street holding eleventh railway labor act rla permit union objections nonmembers expend agency fees political causes controlling eleventh material respects identical nearly identical language reflects fact congress authorized compulsory unionism extent necessary ensure enjoy benefits contribute cost indeed congress expressly modeled eleventh added nlra act four years earlier emphasized extending railroad labor rights privileges union shop contained act pp section intended correct abuses compulsory unionism developed closed shop agreements time require clauses nonmember employees pay share cost benefits secured union collective bargaining concerns prompted congress later amendment rla given parallel purpose structure language eleventh provisions must interpreted manner compelling evidence support contrary conclusion petitioners proffered evidence pp petitioners claim provisions rla nlra read differently light different history unionism regulated industries tradition voluntary unionism railway industry prior amendment rla history compulsory unionism industries prior petitioners contend agreements requiring payment uniform dues among specific abuses congress sought remedy act plausibly read prohibit collection fees excess necessary cover costs collective bargaining argument unpersuasive legislative history shows congress concerned numerous systemic abuses closed shop therefore resolved ban closed shop altogether extent permitted agreements congress guided later amendment rla principle enjoying benefits union representation contribute fair share expense securing benefits moreover clear congress understood actions placed respective regulated industries equal footing insofar compulsory unionism concerned pp fact act congress expressly considered proposals regulating union finances ultimately placed limitations collection use dues fees otherwise left unions free arrange financial affairs saw fit sufficient compel broader construction accorded eleventh street legislative history shows congress concerned dues rights union members agency fees rights nonmembers absence legislative history congressional concern rights nonmembers consistent view congress understood afford nonmembers adequate protection authorizing collection fees necessary finance activities merit contention unions previously used members dues variety purposes addition agreements congress silence uses unions put nonmembers fees understood acquiescence union practices pp street distinguished theory construction eleventh merely expedient avoid constitutional question use fees political causes nonmembers find objectionable otherwise raised rla unlike nlra state laws banning agreements thus nonmember fees compelled governmental action even assuming exercise rights permitted though compelled involve state action nlra rla therefore differ respect nevertheless absence constitutional concerns case warrant reading nearly identical language eleventh differently pp brennan delivered opinion rehnquist white marshall stevens joined parts ii blackmun scalia joined blackmun filed opinion concurring part dissenting part scalia joined post kennedy took part consideration decision case laurence gold argued cause petitioners briefs thomas adair james coppess george kaufmann edwin vieira argued cause respondents brief hugh reilly david silberman filed brief american federation labor congress industrial organizations amicus curiae urging reversal briefs amici curiae urging affirmance filed landmark legal foundation jerald hill mark bredemeier pacific legal foundation et al ronald zumbrun anthony caso senator jesse helms et al thomas farr taylor robert valois solicitor general fried deputy solicitor general cohen norton come linda sher filed brief amicus curiae justice brennan delivered opinion section national labor relations act nlra stat amended permits employer exclusive bargaining representative enter agreement requiring employees bargaining unit pay periodic union dues initiation fees condition continued employment whether employees otherwise wish become union members today must decide whether provision also permits union objections nonmember employees expend funds collected activities unrelated collective bargaining contract administration grievance adjustment whether expenditures violate union duty fair representation objecting employees first amendment rights accordance nlra stat amended majority employees american telephone telegraph company several subsidiaries selected petitioner communications workers america cwa exclusive bargaining representative union empowered bargain collectively employer behalf employees bargaining unit wages hours terms conditions employment accordingly enjoys broad authority negotiation administration collective bargaining contract humphrey moore broad authority however tempered union statutory obligation serve interests members without hostility discrimination toward vaca sipes duty extends negotiation agreement also subsequent enforcement agreement including administration grievance procedure agreement may establish ibid cwa chartered several local unions copetitioners case assist discharging statutory duties addition least part help defray considerable costs incurs performing tasks cwa negotiated clause agreement represented employees including wish become union members must pay union agency fees amounts equal periodic dues paid union members plaintiffs complaint plaintiffs exhibit record clause failure tender required fee may grounds discharge june respondents employees chose become union members initiated suit challenging cwa use agency fees purposes collective bargaining contract administration grievance adjustment hereinafter representational activities specifically respondents alleged union expenditure fees activities organizing employees employers lobbying labor legislation participating social charitable political events violated petitioners duty fair representation nlra first amendment various fiduciary duties addition declaratory relief respondents sought injunction barring petitioners exacting fees necessary finance activities well damages past collection excess fees district concluded union collection disbursement agency fees purposes bargaining unit representation violated associational free speech rights objecting nonmembers therefore enjoined future collection supp md applying clear convincing evidentiary standard district concluded union failed show funds expended matters app pet cert ordered reimbursement excess fees respondents paid since january directed union institute recordkeeping system segregate accounts representational activities divided panel appeals fourth circuit agreed respondents stated valid claim relief first amendment preferring rest judgment ground constitution concluded collection nonmembers fees purposes unrelated collective bargaining violated turning specific activities challenged majority noted district adoption clear convincing standard proof improper found certain categories expenditures lobbying organizing employees companies funding various community services error harmless inasmuch activities indisputably unrelated bargaining unit representation majority remanded case reconsideration remaining expenditures union claimed made connection valid activities chief judge winter dissented concluded authorized exaction fees amounts equivalent full union dues including fees expended nonrepresentational activities negotiation enforcement agreements permitting exactions private conduct incapable violating constitutional rights objecting nonmembers rehearing en banc vacated panel opinion vote affirmed part reversed part remanded proceedings explained brief per curiam opinion five six majority judges believed federal jurisdiction claims respondents entitled judgment judge murnaghan casting deciding vote concluded jurisdiction claim although believed permits clauses requiring payment full union dues concluded collection fees nonmembers finance activities unrelated collective bargaining violates union duty fair representation six judges agreed panel resolution specific allocations issue accordingly remanded action chief judge winter joined three others dissented reasons set earlier panel dissent decision directly conflicts appeals second circuit see price auto workers granted certiorari resolve important question concerning validity agreements affirm ii outset address briefly jurisdictional question divided appeals respondents sought relief three separate federal claims exaction fees beyond necessary finance activities violates exactions violate judicially created duty fair representation exactions violate respondents first amendment rights think clear courts properly exercised jurisdiction latter two claims national labor relations board nlrb board primary jurisdiction respondents claim san diego building trades council garmon held hen activity arguably subject nlra well federal courts must defer exclusive competence board danger state interference national policy averted emphasis added simple recitation respondents claim reveals falls squarely within primary jurisdiction board respondents contend collecting using agency fees nonrepresentational purposes union contravened express terms respondents argue provides limited authorization collection fees necessary finance activities doubt therefore challenged activity subject plurality en banc explain basis jurisdictional holding panel majority concluded courts jurisdiction challenges clauses negotiated eleventh railway labor act rla stat eleventh material respects identical must parity federal jurisdiction claims unlike nlra however rla establishes agency charged administering provisions instead leaves courts determine validity activities challenged act primary jurisdiction nlrb therefore diminished analogies rla regard two labor statutes parallel one another appeals erred extent concluded possessed jurisdiction pass directly respondents claim precluded however deciding merits claim insofar decision necessary disposition respondents challenge federal courts may resolve unfair labor practice questions emerge collateral issues suits brought independent federal remedies connell construction plumbers one remedy federal jurisdiction well settled judicially implied duty fair representation vaca sipes jurisdiction adjudicate claims encompasses challenges leveled union contract administration enforcement efforts negotiation activities well ford motor huffman employees course may circumvent primary jurisdiction nlrb simply casting statutory claims violations union duty fair representation respondents however done thing rather claim union failed represent interests fairly without hostility negotiating enforcing agreement allows exaction funds purposes serve interests cases contrary personal beliefs necessity deciding scope arises petitioners seek defend ground statute authorizes precisely type agreement circumstances appeals jurisdiction decide question raised respondents claim iii added part labor management relations act act makes unfair labor practice employer discrimination regard hire tenure employment encourage discourage membership labor organization section contains two provisos without clauses fall within otherwise broad condemnation first nothing act preclude employer making agreement labor organization require condition employment membership therein days employee attains employment ibid second limiting first provides employer shall justify discrimination employee nonmembership labor organization reasonable grounds believing membership available employee terms conditions generally applicable members reasonable grounds believing membership denied terminated reasons failure tender periodic dues initiation fees uniformly required condition acquiring retaining membership ibid although never delineated precise limits places negotiation enforcement agreements question parties proffer entirely new one quarter century ago held eleventh rla permit union objections nonmembers expend compelled agency fees political causes machinists street nlra rla differ certain crucial respects frequently warned decisions construing latter often provide roughest guidance interpreting former see street supra first national maintenance nlrb decision street however far merely instructive believe controlling eleventh material respects identical indeed previously described two provisions statutory equivalent ellis railway clerks good reason nearly identical language reflects fact congress authorized compulsory unionism extent necessary ensure enjoy benefits contribute cost thus amending rla congress expressly modeled eleventh added nlra four years earlier repeatedly emphasized extending railroad labor rights privileges union shop contained act cong rec remarks brown circumstances think clear congress intended language meaning statutes structure purpose best understood light statute historical origins prior enactment act stat wagner act nlra permitted majority unions negotiate closed shop agreements requiring employers hire persons already union members see algoma plywood wisconsin employment relations board agreements come increasing attack extensive hearings congress determined closed shop abuses associated create great barrier free employment longer tolerated legislative history labor management relations act committee print compiled subcommittee labor senate committee labor public welfare leg congress equally concerned however without agreements many employees reap benefits unions negotiated behalf without way contributing financial support efforts senator taft one authors legislation explained argument abolishing closed shop closed shop union get free ride union work gets wages raised man pay dues rides along freely without expense cong rec leg hist thus act intended accomplish twin purposes one hand serious abuses compulsory unionism eliminated abolishing closed shop hand congress recognized absence provision many employees sharing benefits unions able accomplish collective bargaining refuse pay share cost nlrb general motors quoting leg hist th legislative history clearly indicates congress intended prevent utilization union security agreements purpose compel payment union dues fees thus congress recognized validity unions concerns free riders employees receive benefits union representation unwilling contribute fair share financial support union gave unions power contract meet problem withholding unions power cause discharge employees reason radio officers nlrb emphasis added concern resentment spawned free riders railroad industry prompted congress four years passage act amend rla house report explained million railroad industry workers belonged one another railway unions unions course legally obligated represent interests workers including become members thus nonunion workers able expense share benefits unions obtained collective bargaining ibid nothing principle authorizing agreements union shop deduction union dues become firmly established national policy industry subject labor management relations act house report concluded sound reason exists continuing deny labor organizations subject railway labor act right negotiate agreements railroads airlines character permitted case labor organizations large industries country ibid drafting become eleventh congress look merely guidance rather senator taft argued support legislation amendment inserts railway mediation law almost exact provisions far fit law conditions regarding union shop carried relations railroad unions railroads cong rec universal understanding among supporters opponents purpose effect amendment see supra indeed railroad union representatives proposed amendment incorporated eleventh prohibition discharge employees fail obtain maintain union membership reason nonpayment periodic dues offering proposal unions argued terms echoing language senate report accompanying act prohibition remedies alleged abuses compulsory union membership yet makes possible elimination free rider sharing burden maintenance beneficiaries union activity hearings house committee interstate foreign commerce street concluded eleventh contemplated compulsory unionism force employees share costs negotiating administering collective agreements costs adjustment settlement disputes congress intend provide unions means forcing employees objection support political causes oppose construing statute light legislative history purpose held although eleventh face authorizes collection nonmembers periodic dues initiation fees assessments uniformly required condition acquiring retaining membership union eleventh emphasis added authorization ves unions unlimited power spend exacted money since reaffirmed congress essential justification authorizing union shop limits expenditures may properly charged nonmembers eleventh necessarily reasonably incurred purpose performing duties exclusive bargaining representative ellis railway clerks given parallel purpose structure language must interpret provision manner like eleventh permits collection periodic dues initiation fees uniformly required condition acquiring retaining membership union like counterpart rla designed remedy inequities posed free riders otherwise unfairly profit act abolition closed shop face statutory congruity compelling evidence persuade us congress intended nearly identical language two provisions different meanings petitioners proffered evidence petitioners claim provisions rla nlra read differently light vastly different history unionism industries two statutes regulate thus note street emphasized tradition voluntary unionism railway industry prior amendment fact congress expressly endorsed open shop policy rla historical background petitioners contend led us conclude amending rla congress completely abandon policy full freedom choice embodied act rather made inroads limited purpose eliminating problems created free rider history union security industries governed nlra precisely opposite wagner act forms compulsory unionism including closed shop permitted petitioners accordingly argue inroads congress made policy compulsory unionism likewise limited designed remedy abuses union shop system congress expressly identified brief petitioners agreements requiring payment uniform dues among specified abuses petitioners contend plausibly read prohibit collection fees excess necessary cover costs collective bargaining find argument unpersuasive several reasons begin fact congress sought remedy serious abuses compulsory union membership leg hist hardly suggests act effected limited changes practices quite contrary street concluded congress purpose amending rla limited precisely congress perceive voluntary unionism source widespread flagrant abuses thus modified railroad industry open shop system extent necessary eliminate problems associated free riders congress viewed wagner act regime compulsory unionism seriously flawed hand indicates purposes overhauling system anything far less limited petitioners dissent contend equally circumspect surprisingly therefore stark contrast petitioners limited inroads theory congressional opponents act provisions understood act provide grudging authorization agreements permitting agreement limited administratively burdensome conditions pt leg hist minority report understanding comports recognition congress decision allow agreements reflects concern parties collective bargaining agreement allowed provide employees getting benefits union representation without paying oil workers mobil oil emphasis added congress thus set simply tinker limited fashion nlra authorization agreements rather extent congress preserved status quo considerable evidence adduced congressional hearings indicating agreements promoted stability eliminating free riders leg hist congress accordingly gave unions power contract meet problem withholding unions power cause discharge employees reason radio officers nlrb emphasis added therefore think permissible altogether proper read read eleventh light animating principle finally however much practices may differed railway industries prior abundantly clear congress understood actions placed respective industries equal footing insofar compulsory unionism concerned proponents union shop propose adding rla language nearly identical repeatedly insisted purpose amendment confer railway unions precisely right negotiate enter agreements unions subject nlra enjoyed see supra indeed subtheme running throughout comments supporters inequity permitting free riders railroad industry especially egregious view fact act gave exclusive bargaining representatives industries adequate means redress problems surely come surprise legislators learn efforts provide means redress railway unions frustrated historical disparity sought eliminate petitioners also rely certain aspects act legislative history evidence congress intended permit collection use full union dues including allocable activities collective bargaining however find history insufficient compel broader construction accorded eleventh street first foremost petitioners point fact congress expressly considered proposals regulating union finances ultimately placed limitations collection use dues fees otherwise left unions free arrange financial affairs saw fit light history specific prohibitions congress enact petitioners argue warrant implying limitations amount dues equivalents unions may collect manner may use originally passed house bill guaranteed union members right free unreasonable discriminatory financial demands unions leg hist similarly bill bill rights union members leg hist set protections arbitrary action union officers one made unfair labor practice union impose initiation fees excess without nlrb approval fix dues amounts unreasonable nonuniform approved majority vote members addition bill prohibited unions making contributions expenditures behalf candidates federal office conferees adopted latter provision see pipefitters agreed prohibition excessive initiation fees see senate steadfastly resisted attempts regulate internal union affairs referring house provisions senator taft explained senate conferees refused agree inclusion subsection conference agreement since felt unwise authorize agency government undertake elaborate policing internal affairs unions section contemplated opinion senate conferees language protected employee losing job union expelled reason nonpayment dues initiation fees uniformly required members considered sufficient protection cong rec leg hist simply follow congress left unions free exact dues equivalents nonmembers amount please matter unrelated fees may activities contrary complete lack congressional concern rights nonmembers debate surrounding house bill rights perfectly consistent view congress understood afford nonmembers adequate protection authorizing collection fees necessary finance activities amount fees fixed underlying purpose defraying costs collective bargaining congress every reason believe lack limitations union dues entirely irrelevant far rights nonmembers concerned short think far safer far appropriate construe light legislative justification ensuring nonmembers obtain benefits union representation made pay drawing inferences congress rejection proposal address rights nonmembers petitioners also deem highly significant prior unions rather typically used members dues variety purposes addition meeting costs collective bargaining retail clerks schermerhorn yet congress presumably well aware practice way limited uses unions put fees collected nonmembers silence petitioners suggest understood congressional acquiescence practices short answer argument congress equally well aware practices railway unions see street may assume congress fully conversant long history intensive involvement railroad unions political activities ellis congress adequately informed broad scope union activities yet neither street cases followed deemed congress failure eleventh prohibit otherwise regulate expenditures endorsement fee collections unrelated expenses see reason give greater weight congress silence nlra rla particularly silence perfectly consistent rationale underlying prohibiting collection fees germane representational activities redundant congress understood simply enable unions charge nonmembers activities actually benefit finally petitioners rely statement senator taft made floor debate explained provisos remedied abuses closed shop great difference closed shop union shop senator stated union shop man get job without joining union asking favors union fact employee pay dues union seems much less important cong rec leg hist face statement made lengthy legislative debate somewhat ambiguous reference union dues connote full union dues easily shorthand method referring dues event noted senator taft later described eleventh almost exact provisions law cong rec construed latter statute permitting exaction dues related representational activities view senator taft comparison two statutory provisions comment fails persuade us congress intended virtually identical language two statutes different meanings come petitioners final reason distinguishing street five years prior decision case ruled railway employees hanson rla state laws banning agreements negotiation enforcement provisions railroad industry contracts involves governmental action therefore subject constitutional limitations accordingly street interpreted eleventh avoid serious constitutional question otherwise raised construction permitting unions expend governmentally compelled fees political causes nonmembers find objectionable see constitutional questions lurk petitioners contend nlra expressly preserves authority outlaw agreements thus petitioners argument runs federal essential hanson finding governmental action missing nlra context therefore need strain avoid plain meaning eleventh need decide whether exercise rights permitted though compelled involves state action cf steelworkers sadlowski union decision adopt internal rule governing elections involve state action steelworkers weber negotiation agreement plan involve state action even assuming nlra rla therefore differ respect believe absence constitutional concerns case warrant reading nearly identical language eleventh differently course true federal statutes construed avoid serious doubts constitutionality faced doubts first determine whether fairly possible interpret statute manner renders constitutionally valid edward debartolo florida gulf coast building construction trades council crowell benson statutory construction may pressed point disingenuous evasion locke quoting george moore ice cream rose avoiding constitutional questions may embrace construction plainly contrary intent congress debartolo supra street concluded interpretation eleventh fairly possible entirely reasonable adhered interpretation since therefore decline construe language differently eleventh theory construction latter provision merely constitutionally expedient congress enacted two provisions purpose eliminating free riders purpose dictates construction less eleventh regardless whether negotiation agreements nlra partakes governmental action iv conclude like statutory equivalent eleventh rla authorizes exaction fees dues necessary performing duties exclusive representative employees dealing employer issues ellis accordingly judgment appeals affirmed footnotes section makes unlawful unions cause attempt cause employer discriminate employee violation subsection accordingly provisos also allow unions seek enter agreements section eleventh provides pertinent part notwithstanding provisions chapter statute law territory thereof state carrier carriers defined chapter labor organization labor organizations duly designated authorized represent employees accordance requirements chapter shall permitted make agreements requiring condition continued employment within sixty days following beginning employment effective date agreements whichever later employees shall become members labor organization representing craft class provided agreement shall require condition employment respect employees membership available upon terms conditions generally applicable member respect employees membership denied terminated reason failure employee tender periodic dues initiation fees assessments including fines penalties uniformly required condition acquiring retaining membership eleventh see also terms bill substantially relations act bill allows unions negotiate agreements railroads airlines character permitted case labor organizations large industries country cong rec remarks hill bill designed merely extend employees employers subject rla rights possessed employees employers act remarks lehman railroad brotherhoods right union negotiate union shop remarks taft bill inserts railway mediation law almost exact provisions law remarks beckworth bill permits railway unions bring agreements carriers providing union shops principle enacted law bill remarks biemiller provision gives railway labor right bargain union shop labor group country may remarks bennett purpose bill amend rla give railroad workers right enjoy benefits privileges arrangement accorded workmen types employment ibid remarks heselton bill primarily provides kind treatment railroad airline employees accorded employees industries existing law remarks harris fundamental proposition involved bill extend national policy expressed act regarding lawfulness union shop railroad airline labor organizations remarks vursell bill simply extends railroad workers employers benefit provision enjoyed laboring men act sentiment repeated throughout hearings lengthy debate preceded passage bill see cong rec leg hist remarks jennings members minority get benefit contract made majority fellow workmen management unreasonable go along contribute dues like others cong rec leg hist remarks robison benefits come workers alike fair beneficiaries whether majority minority contribute equal share securing benefits cong rec leg hist remarks taft legislation effect say one get free ride shop meets one arguments union shop employee pay union dues leg hist testifying committee leaders organized labor stressed fact absence provisions many employees sharing benefits unions able accomplish collective bargaining refuse pay share cost see also leg hist closed shop agreements prevent nonunion workers sharing benefits resulting union activities without also sharing obligations although senator taft qualified comparison explaining provisions law incorporated rla far fit qualification merely reflected fact laws identical respects chief difference inhering effect lack thereof state regulation agreements see supra difference course detract near identity provisions insofar confer unions employers authority enter agreements way undermine force senator taft comparison respect authority indeed taft explained initially objected original terms bill bill proponents agreed accept amendments made provisions identical law decided support law cong rec emphasis added note nlrb least time also took position uniform periodic dues initiation fees required limited congressional concern free riders fees necessary finance activities teamsters local board explained right charge periodic dues granted unions proviso section concerned exclusively concept enjoying benefits collective bargaining bear fair share costs incurred agent representing manifest dues contribute intended contribute cost operation union capacity agent justified necessary elimination free riders notwithstanding unequivocal language dissent advises us post misread teamsters local choosing ignore passage dissent asserts board never embraced view post periodic dues initiation fees limited finance union capacity agent teamsters local board concluded dues question actually special purpose funds thus assessments contemplated proviso post quoting teamsters local supra observation however avails dissent nothing obviously board determined dues used purposes conclusion dues within meaning followed automatically dissent reading union simply built increase dues base rather initially denominating special assessment entitled exact fees periodic dues spend precisely purposes without running afoul board made entirely clear however purpose fee manner collected controlled thus explained onies collected credit union building fund even regularly recurring obviously maintenance union organization special purpose terminated without affecting continued existence union bargaining representative teamsters local supra emphasis added finally dissent portrayal teamsters local part unbroken string consistent board decisions issue belied dissenting statement detroit mailers member jenkins joined decision teamsters local charged board ignored clear holding earlier case construing eleventh permitting collection use fees germane collective bargaining petitioners seem believe read term uniform statutes uniformity requirement makes clear costs representational activities must borne equally benefit without language unions conceivably establish different dues rates among members members nonmembers thereby apportion costs collective bargaining unevenly indeed uniformity requirement inures benefit dissident union members well ensuring union discriminates charging higher dues failure pay dues grounds discharge see making unfair labor practice union cause attempt cause employer discriminate employee respect membership union denied terminated ground failure tender periodic dues initiation fees uniformly required emphasis added see leg hist minority views charging government regulation essentially impossible encroachment rights voluntary organizations unions without parallel regulation invited harassment rival unions employers ultimately complete governmental control union affairs justice blackmun justice justice scalia join concurring part dissenting part agree district appeals properly exercised jurisdiction respondents first amendment claims national labor relations board primary jurisdiction respondents claim brought national labor relations act stat amended also agree appeals jurisdiction decide question raised respondents claim therefore join parts ii opinion agreement majority ends however agree resolution issue without decision machinists street involving railway labor act rla reach result today accepted mode resolving statutory questions lead construction foreign section express language legislative history show congress intend limit either amount agency fees majority labels union may collect agreement union expenditure funds excessive reliance street reach contrary conclusion manifested unique line reasoning sooner language intoned abandons attempt construction statute leaps interpretation quarter century ago another statute enacted different congress statute distinct history purpose see ante unwilling offend established doctrines statutory construction strain meaning language used congress simply conform construction interpretation similar language different statute interpretation without difficulties abood detroit board education characterizing decision street therefore dissent parts iii iv opinion observes never delineated precise limits places negotiation enforcement agreements ante unlike majority however think issue entirely new one shall endeavor therefore resolve accordance principles statutory construction question statutory interpretation starting point language statute section makes unlawful employer discriminat regard hire tenure employment term condition employment encourage discourage membership labor organization standing alone proscription thus corollary proscription effectively outlaw agreements proscription however qualified two provisos first appeared initially nlra originally enacted stat generally excludes agreements statutory condemnation explaining nothing nlra statute shall preclude employer making agreement labor organization require condition employment membership therein labor organization representative employees provided section title employer shall justify discrimination employee nonmembership labor organization reasonable grounds believing membership denied terminated reasons failure employee tender periodic dues initiation fees uniformly required condition acquiring retaining membership assume legislative purpose expressed ordinary meaning words used american tobacco patterson quoting richards terms dues fees used proviso refer nothing regular periodic dues initiation fees paid voluntary union members apparent understanding decisions held permits agreements see nlrb general motors approving proposal conditioned employment upon payment sums equal initiation fee regular monthly dues paid union members retail clerks schermerhorn upholding agreement requiring nonmembers pay service fee admittedly exact equal membership initiation fees monthly dues also consistent view nlrb agency entrusted congress authority administer nlra edward debartolo florida gulf coast building construction trades council provisos give employee union member right pay less full amount regular dues initiation fees charged employees attempt squeeze support legislative history reading congressional intent contrary plain language unavailing discussion relevant legislative materials reveals ante indication congress intended limit union authority collect nonmembers periodic dues initiation fees collects members indeed balance legislative history reinforces statutory language suggests provisos neither limit uses agency fees may put require nonmembers charged less uniform dues initiation fees machinists nlrb stated well known legislative history amendments plainly shows including proviso represented congressional response competing demands employee freedom choice union security congress thought one overriding doubtless found words adequate express judgment accommodated interests doubtless manner unsatisfactory extreme partisans drawing line thought reasonable administrators congressional mandate approach either side line grudgingly congress solution ban closed shop permit enforcement agreements long union membership available terms conditions employees mandatory discharge required nonpayment regular dues initiation fees leg hist congress view senator taft stated fact employee pay dues union seems much less important important thing man job cong rec leg hist man get job employer continue job effect joins union pays union dues pays dues without joining union right employed cong rec leg hist serious doubt congress mind situation nonmember employee pay dues members union cong rec leg hist remarks taft accord cong rec leg hist remarks jennings members minority go along contribute dues like others financial obligations therefore employees effect union members discharged pursuant agreement long maintained aspect union membership solution viewed tak ing care issue cong rec leg hist remarks taft indeed legislative history indicates congress affirmatively declined place limitations either amount dues union charge uses put dues dismisses irrelevant fact congress expressly rejected house proposal empowered nlrb regulate reasonableness union dues expenditures finds meaningful fact house bill purport set rights nonmembers compelled pay union dues rather sought establish bill rights union members union leaders leg hist emphasis added ante distinction without difference contrary view congress viewed proposal directly related congress clearly saw nonmembers interests context represented union members thus senator taft explained senate conferees reasons refusing accept provisions house bill opinion senate conferees language protected employee losing job union expelled reason nonpayment dues initiation fees uniformly required members considered sufficient protection cong rec leg hist invokes apparently sees legislative purpose namely eradication problem views legislative history narrow prism legislative materials demonstrate however contrary impression left congress guided solely desire eliminate free riders congress carefully crafted focusing quite different problem serious abuses compulsory unionism majority observes congress carefully tailored solution evils aimed ante serving purpose congress went far foreclosing compulsory unionism outlawed closed shops altogether banned unions using provisions provisions exact initiation fees periodic dues uniformly required conditions union membership otherwise determined regulation agreements left specific federal legislation legislatures courts several congress explicitly declined mandate kind particularized regulation union dues fees attributes today ii suggesting congress driven principally desire eradicate problem finds means distort legislative justification ignore provision plain language also draw controlling parallelism eleventh rla stat mistaken view congress purpose enacting even mistaken reliance interpretation eleventh machinists street text nlra course much like text later enacted eleventh rla similarity however dictate conclusion congress intended meaning identical congress intended eleventh previously held scope rla identical nlra courts wary drawing parallels two statutes see first national maintenance nlrb railroad trainmen jacksonville terminal thus parallels eleventh like parallels nlra railway labor act drawn utmost care full awareness differences statutory schemes chicago transportation union contrary majority conclusion ante two provisions born concern indeed born competing concerns interpretation eleventh therefore provides support construing fashion inconsistent plain language legislative history considerations enabled conclude street fairly possible entirely reasonable read eleventh proscribe agreements requiring uniform payments employees wholly absent respect street stressed fact rla first enacted eleventh assumed present form act prohibited forms union security declared policy complete freedom choice employees join join union ibid however congress recognized expenses burdens incurred unions administration complex scheme rla purpose advanced amending rla authorize agreements first time elimination free riders given background persuaded possible conclude congress completely abandon policy full freedom choice embodied act rather made inroads limited purpose eliminating problems created free rider nlra share rla underlying policy propelled interpretation eleventh street indeed history nlra points opposite direction original policy wagner act permit forms agreements agreements commonplace thus enacting congress unlike congress making inroads policy full freedom choice order provide specific response particular problem facing unions rather amendments designed make inroad policy absolute freedom private parties federal law negotiate agreements limited inroad responding carefully defined abuses congress concluded arisen agreements permitted wagner act congress enact purpose congress enacting eleventh therefore contrary conclusion ante latter purpose eliminating free riders dictate construction regardless impact construction eleventh order overcome inevitable conclusion relies remarks made members congress enacting amendments eleventh rla contends show congress viewed amendments identical amendments made nlra see ante see also ante even assuming view legislative history eleventh correct legislative materials obviously impart message receives provide support strained reading possible relevance case evidence congress understanding statute particular congress enact relevant question however congress intended statute enacted well settled views subsequent congress form hazardous basis inferring intent earlier one russello quoting jefferson county pharmaceutical assn abbott laboratories turn quoting price see also clark surely come surprise legislators enacted learn discerning intent listens voices later congress ante unlike majority unwilling put legislators words legislators mouths relevant sources gleaning congress intent plain language least extent might reflect clear intention contrary plain meaning statute legislative history sources show congress intend meaning attributed eleventh rla therefore must disagree majority assertion decision street controlling see ante iii sum conclude enacting nlra congress intend prohibit agreements require tender full union dues standard union initiation fees nonmember employees without regard union expends funds collected finding controlling weight interpretation eleventh rla reach contrary conclusion eschewed methods statutory construction also interpreted terms manner inconsistent congressional purpose clearly expressed statutory language amply documented legislative history dissent like majority reach first amendment issue raised respondents therefore similarly address whether union exercise rights pursuant involves state action see ante section makes unlawful union cause attempt cause employer violate act also amended first proviso prohibit application agreement individual employed days see reading course flows fact membership used first proviso means actual membership union rather payment initiation fees monthly dues nlrb general motors see union starch refining enf cert denied detroit mailers union detroit mailers board explained neither face congressional purpose behind warrant found making distinction dues may allocated purposes earmarked institutional expenses union ues collected members may used variety purposes addition meeting union costs collective bargaining unions rather typically use membership dues things members authorized union interest behalf virtue section dues may required employee contract long periodic uniformly required devoted purpose make mandatory extraction otherwise inimical public policy quoting retail clerks schermerhorn internal quotations omitted contrary suggestion nlrb embraced repudiated view purposes periodic dues initiation fees mean fees necessary finance activities ante teamsters local demonstrate otherwise teamsters local nlrb held working dues designated fund union building program credit union actually assessments contemplated proviso board found union regarded levy temporary assessment clearly distinct regular dues ibid moreover financing programs constructed way union treasury might never received moneys board concluded working dues actually special purposes funds support funds come periodic dues term used ibid detroit mailers nlrb distinguished assessments periodic uniformly required dues view union precluded demanding nonmembers pursuant majority credits interpretation teamsters local propounded dissenting member board detroit mailers ante prefer take board word face value teamsters local create controlling precedent endorsing view enunciated today significantly majority cite one case board held uniformly required periodic dues used purposes collective bargaining dues within meaning insistence changed meaning term uniform see ante misses point uniformity requirement obviously requires union collect nonmembers agreement periodic dues initiation fees collected equally members begs question periodic dues initiation fees meaning terms misconceives settled doctrines statutory construction ambiguity meaning constrained defer interpretation nlrb unless agency construction contrary clear intent congress chevron national resources defense council although apparently finds ambiguity fails apply doctrine reference narrow view congressional purpose gleaned isolated statements legislative history reliance upon interpretation another statute constructs interpretation finds support statutory language legislative history also contradicts board settled interpretation statutory provision previously directed board construction act reasonable rejected merely courts might prefer another view statute pattern makers nlrb quoting ford motor nlrb apparent motivation holding board interpretation impermissible view another statute answer absolute lack evidence congress intended regulate expenditures answer simply reiterates machinists street give weight congressional silence rla issue see ante point however give weight congress silence nlra point must find support nlra proposition congress silence simply highlights support interpretation congress intent see also cong rec leg hist remarks taft ecause union shop force many industries many years upset today probably destroy relationships long standing probably bring strikes cure despite legislative history rife unequivocal statements contrary concludes congress set restrict agreements limited fashion ante quite apart unorthodox reliance representations opposed amendments majority observation congress viewed wagner act regime compulsory unionism seriously flawed begs question perceived flaws embedded system system thus characteristic majority opinion comparison rla system beside point see ibid congress aware nlra one system closed shop ha led serious abuses system union shop ha led serious abuses cong rec leg hist remarks taft accordingly congress banned closed shops altogether made limited inroads system effect prior carefully describing limitations agreements leg hist leg hist clearer legislative history enacting provisos congress attempted deal specific abuses system actual problems ha arisen cong rec leg hist remarks taft accord cong rec leg hist remarks taft congress philosophy decree either open shop open union decreed open union permit continuation existing relationships violently tear apart great many relationships make trouble labor movement yet time meet abuses exist cong rec leg hist remarks taft agreements requiring payment uniform periodic dues standard initiation fees among specified abuses testimony regarding problems arising arrangements indeed subtext entire debate arrangements acceptable suggestion contrary simply untenable senate report explained congress desire limit labor organization respect either selection membership expulsion therefrom wish protect employee job unreasonably expelled denied membership tests provided amendment based upon facts readily ascertainable require employer inquire internal affairs union leg hist appears believe congress intended protect interests individual nonmembers uses union puts moneys see ante clearer however congress mind senator taft explained colleague complained requiring man join union wish join pursuant less restrictive closed shop enacting congress trying go broader fields rights particular persons cong rec leg hist rights protected provisos workers employment rights legislative debates reflect congress principally concerned insulating workers jobs capricious actions union leaders purpose union unfair labor practice provisions added preven union inducing employer use emoluments job enforce union rules pattern makers nlrb dissenting opinion quoting scofield nlrb congress placed one limitation uses made union dues ith little apparent discussion opposition senate conferees adopted house bill prohibition limiting unions may spend dues money federal elections pipefitters labor management relations act stat incorporated federal election campaign act stat congress made unlawful union make contribution expenditure connection certain political elections primaries political conventions senate conferees also agreed house safeguard needed prevent unions charging new members exorbitant initiation fees effectively close union thereby frustrat ing intent cong rec leg hist remarks taft hence added final bill makes unfair labor practice union negotiated agreement require initiation fees nlrb finds excessive discriminatory circumstances senate passed receiving assurances senator taft allow nlrb regulate union expenditures see cong rec leg hist stressing provision limited initiation fees cover dues never intention nlra preempt field regard deprive powers prevent compulsory unionism conf leg hist accordingly congress added final bill enacted expressly preserves authority regulate agreements including use funds collected employees pursuant agreement see retail clerks schermerhorn many fact imposed limitations agreements permitted jurisdictions see morris developing labor law ed dissent original panel decision case appropriately observed legislative purposes behind eleventh identical one expect street looked nlra guidance interpreting eleventh street opinion however significantly rely discuss either nlra instead focuses distinctive features railroad industry railway labor act construing eleventh overstates clarity said eleventh amended recitation various statements reflects extent congress saw engrafting onto rla terms identical respects terms uncertain see ante remarks general comments similarity nlra provisions rather explicit comparisons provisions rla example senator taft explained effect bill inserts railway mediation law almost exact provisions far fit law conditions regarding union shop carried relations railroad unions railroads cong rec emphasis added see also eleventh allows agreements character permitted cong rec remarks beckworth eleventh extends railroads principle embodied especially remembered congress extending unions railroad industry authority enter agreements previously authority whereas congress rescinded authorization certain kinds agreements import statements ambiguous borrow phrase majority think far safer far appropriate construe light language legislative history drawing inferences ambiguous statements made members later congress enacting different statute ante