abood detroit board education argued november decided may michigan statute authorizing union representation local governmental employees permits agency shop arrangement whereby every employee represented union even though union member must pay union condition employment service charge equal amount union dues appellant teachers filed actions later consolidated michigan state appellee detroit board education appellee union represented teachers employed board union officials challenging validity clause agreement board union complaints alleged appellants unwilling refused pay union dues opposed collective bargaining public sector union engaged various political ideological activities appellants approve activities prayed clause declared invalid state law constitution deprivation appellants freedom association protected first fourteenth amendments trial dismissed actions failure state claim upon relief granted michigan appeals reversing remanding grounds upheld constitutionality clause although recognizing expenditure compulsory service charges political purposes unrelated collective bargaining violate appellants first fourteenth amendment rights held since complaints failed allege appellants notified union causes candidates objected appellants entitled restitution portion service charges held insofar service charges used finance expenditures union purposes clause valid railway employees dept hanson machinists street pp government employment involved rather private employment mean hanson supra street supra distinguished relying case upon doctrine public employment conditioned upon surrender first amendment rights railroad employees claim hanson agreement invalid failed governmental action first amendment violation pp although public employee unions activities political extent attempt influence governmental policymaking differences nature collective bargaining public private sectors mean public employee weightier first amendment interest private employee compelled contribute costs exclusive union representation public employee believes union representing urging course unwise matter public policy barred expressing viewpoint besides voting accordance convictions every public employee largely free express views public private orally writing exceptions pertinent free participate full range political ideological activities open citizens pp principles first amendment individual free believe free society one beliefs shaped mind conscience rather coerced state prohibit appellees requiring appellants contribute support ideological cause may oppose condition holding job public school teacher pp appellants compelled make rather prohibited making contributions political purposes works less infringement constitutional rights constitution requires union expenditures ideological causes germane duties representative financed charges dues assessments paid employees object advancing causes coerced threat loss governmental employment pp michigan appeals erred holding appellants entitled relief even prove allegations depriving right remedies enjoining union expending service charges ideological causes opposed appellants ordering refund portion charges proportion expenditures bear total union expenditures hanson supra railway clerks allen view however fact since commencement litigation appellee union adopted internal union remedy dissenters may appropriate defer judicial proceedings pending voluntary utilization parties internal remedy possible means settling dispute pp stewart delivered opinion brennan white marshall rehnquist stevens joined rehnquist post stevens post filed concurring opinions powell filed opinion concurring judgment burger blackmun joined post sylvester petro argued cause appellants briefs john kilcullen theodore sachs argued cause filed brief appellees ronald zumbrun john findley filed brief pacific legal foundation amicus curiae urging reversal robert chanin david rubin filed brief national education assn amicus curiae urging affirmance justice stewart delivered opinion state michigan enacted legislation authorizing system union representation local governmental employees union local government employer specifically permitted agree agency shop arrangement whereby every employee represented union even though union member must pay union condition employment service fee equal amount union dues issue us whether arrangement violates constitutional rights government employees object unions various union activities financed compulsory service fees secret ballot election detroit federation teachers union certified pursuant michigan law exclusive representative teachers employed detroit board education board union board thereafter concluded agreement effective july july among agreement provisions agency shop clause requiring every teacher become union member within days hire within days january effective date clause pay union service charge equal regular dues required union members teacher failed meet obligation subject discharge nothing agreement however required teacher join union espouse cause unionism participate way union affairs november two months clause become effective christine warczak number named teachers filed class action state naming defendants board union several union officials complaint amended alleged unwilling refused pay dues opposed collective bargaining public sector amended complaint alleged union carries various social activities benefit members available matter right union engaged number variety activities programs economic political professional scientific religious nature plaintiffs approve voice collective bargaining activities negotiation administration contracts defendant board substantial part sums required paid said agency shop clause used continue used support activities programs solely purpose defraying cost defendant federation activities bargaining agent teachers employed defendant board upon defendants motion summary judgment trial dismissed action failure state claim upon relief granted warczak board education lrrm cir wayne county plaintiffs appealed appeal pending michigan ruled smigel southgate community school state law prohibited agency shop public sector accordingly judgment warczak case vacated remanded trial proceedings consistent smigel decision meanwhile louis abood named teachers filed separate action state trial allegations complaint virtually identical warczak similar relief requested second action held abeyance pending disposition warczak appeal case remanded two cases consolidated trial consideration defendants renewed motion summary judgment november motion granted trial noted following smigel decision michigan legislature amended public employment relations act expressly authorize agency shop pub acts codified comp laws amendment applied retroactively trial validate clause predating matter state law ruled clause violate federal constitution plaintiffs appeals consolidated michigan appeals ruled trial erred giving retroactive application legislative amendment appellate proceeded however consider constitutionality clause upheld facial validity authority decision railway employees dept hanson upheld constitutionality first amendment clause authorized railway labor act requiring financial support exclusive bargaining representative every member bargaining unit nothing however michigan law also permits union expenditures legislative lobbying support political candidates state appellate identified issue explicitly considered hanson constitutionality using compulsory service charges political purposes unrelated collective bargaining although recognizing expenditures violate plaintiffs first fourteenth amendment rights read recent decisions require employee seeks vindicate rights must make known union causes candidates objects since complaints failed allege notification given held plaintiffs entitled restitution portion service charges trial error retroactivity question however led appellate reverse remand case app michigan denied review plaintiffs appealed noted probable jurisdiction ii consideration question whether provision agreement covering governmental employees constitutionally valid must begin two cases face go far toward resolving issue cases railway employees dept hanson supra machinists street hanson case group railroad employees brought action nebraska enjoin enforcement agreement challenged clause authorized indeed shielded attempt state prohibit railway labor act eleventh trial granted relief requested nebraska upheld injunction ground employees disagreed objectives promoted union expenditures deprived freedom association protected first amendment agreed justiciable questions first fifth amendments presented reversed judgment nebraska merits acknowledging uch might said pro con union shop policy matter noted congress charged identifying ingredients industrial peace stabilized relations congress determined promote peaceful labor relations permit union employer conclude agreement requiring employees obtain benefit union representation share cost legislative judgment surely allowable one record hanson contained evidence union dues used force ideological conformity otherwise impair free expression employees noted assessments fact imposed purposes germane collective bargaining different problem presented ibid omitted squarely held requirement financial support agency receive benefits work violate first amendmen faced similar question several years later street case also involved challenge constitutionality union shop authorized railway labor act street however record contained findings union treasury employees required contribute used finance campaigns candidates federal state offices plaintiffs opposed promote propagation political economic doctrines concepts ideologies disagreed recognized findings presented constitutional questions utmost gravity decided hanson therefore considered whether act fairly construed avoid constitutional issues concluded act construed since expenditures related union functions negotiating administering agreement adjusting grievances disputes fell within reasons accepted congress authority make agreements justified ruled therefore use compulsory union dues political purposes violated act nonetheless found injunction enforcement agreement impermissible hanson remanded case georgia limited remedy devised holding hanson elaborated street reflects familiar doctrines federal labor laws principle exclusive union representation underlies national labor relations act well railway labor act central element congressional structuring industrial relations emporium capwell western addition community nlrb mfg medo nlrb virginian system federation designation single representative avoids confusion result attempting enforce two agreements specifying different terms conditions employment prevents rivalries creating dissension within work force eliminating advantages employee collectivization also frees employer possibility facing conflicting demands different unions permits employer single union reach agreements settlements subject attack rival labor organizations see generally emporium capwell western addition community supra 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 see street 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 free riders refuse contribute union obtaining benefits union representation necessarily accrue employees ibid see oil workers mobil oil nlrb general motors compel employees financially support representative impact upon first amendment interests employee may well ideological objections wide variety activities undertaken union role exclusive representative moral religious views desirability abortion may square union policy negotiating medical benefits plan one individual might disagree union policy negotiating limits right strike believing road serfdom working class another might economic political objections unionism employee might object union wage policy violates guidelines designed limit inflation might object union seeking clause agreement proscribing racial discrimination examples multiplied required help finance union agent might well thought therefore interfere way employee freedom associate advancement ideas refrain sees fit judgment clearly made hanson street interference exists constitutionally justified legislative assessment important contribution union shop system labor relations established congress furtherance common cause leaves leeway leadership group long act promote cause justified bringing group together individual withdraw financial support merely disagrees group strategy allowed reversing hanson case sub silentio machinists street douglas concurring national labor relations act leaves regulation labor relations state local governments see michigan chosen establish local government units regulatory scheme although identical every respect nlra railway labor act broadly modeled federal law rockwell crestwood school dist bd appeal dismissed sub nom crestwood ed assn board ed crestwood detroit police officers assn detroit michigan employment relations school michigan law employees local government units enjoy rights parallel protected federal legislation rights bargain collectively comp laws see fourth right representation elections comp laws see ninth several aspects michigan law mirror provisions railway labor act particular importance union obtains support majority employees appropriate bargaining unit designated exclusive representative employees comp laws union designated duty fair representation employees unit whether union members lowe hotel restaurant employees local wayne county community college federation teachers local poe emp rel local afscme solomon emp rel carrying various responsibilities recognized union may seek clause included agreement comp laws indeed amendment michigan law specifically designed authorize agency shops order employees bargaining unit share fairly financial support exclusive bargaining representative governmental interests advanced provision michigan statute much promoted similar provisions federal labor law confusion conflict arise rival teachers unions holding quite different views proper class hours class sizes holidays tenure provisions grievance procedures sought obtain employer agreement different kind evils exclusivity rule railway labor act designed avoid see madison school dist wisconsin employment relations brennan concurring judgment desirability labor peace less important public sector risk free riders smaller province judge wisdom michigan decision authorize agency shop public employment rather adjudicate constitutionality decision important government interests recognized hanson street cases presumptively support impingement upon associational freedom created agency shop issue thus insofar service charge used finance expenditures union purposes collective bargaining contract administration grievance adjustment two decisions appear require validation agreement us recognizing apparent precedential weight hanson street cases appellants advance two reasons decisions control decision present case first appellants note government employment involved thus directly implicating constitutional guarantees contrast private employment subject hanson street decisions second appellants say public sector collective bargaining inherently political require give financial support require ideological conformity expressly found absent hanson case find neither argument persuasive employment state involved appellants suggest case governed long line decisions holding public employment conditioned upon surrender first amendment rights actions public employers surely constitute state action union shop authorized railway labor act also found result governmental action hanson plaintiffs claims hanson failed governmental action first amendment violation appellants reliance unconstitutional conditions doctrine therefore misplaced appellants second argument event collective bargaining public sector inherently political thus requires different result first fourteenth amendments contention rests upon important differences nature collective bargaining public private sectors public employer unlike private counterpart guided profit motive constrained normal operation market municipal services typically priced tend regarded sense essential therefore often although public employer like private one wish keep costs lacks important discipline agreeing increases labor costs market system require price increases union correspondingly less concerned high prices due costly wage demands decrease output hence employment government officials making decisions public employer less likely act cohesive unit managers private industry part different levels public authority department managers budgetary officials legislative bodies involved part official may respond distinctive political constituency ease negotiating final agreement union may severely limited statutory restrictions need approval higher executive authority legislative body commitment budgetary decisions critical importance others finally decisionmaking public employer political process officials represent public employer ultimately responsible electorate purpose viewed comprising three overlapping classes voters taxpayers users particular government services government employees exercise political influence part electorate employees opportunity affect decisions government representatives sit side bargaining table whether representatives accede union demands depend upon blend political ingredients including community sentiment unionism generally involved union particular degree taxpayer resistance views voters importance service involved relation demands quality service surely arguable however permitting public employees unionize union bargain exclusive representative gives employees influence decisionmaking process possessed employees similarly organized private sector distinctive nature bargaining led widespread discussion extent law governing labor relations private sector provides appropriate model take one example considerable debate desirability prohibiting public employee unions striking step state michigan taken comp laws although michigan adopted federal model labor relations every respect determined labor stability served system exclusive representation permissive use agency shop public employment already stated principled basis according decision less weight constitutional balance given hanson congressional judgment reflected railway labor act remaining constitutional inquiry evoked appellants argument therefore whether public employee weightier first amendment interest private employee compelled contribute costs exclusive union representation think public employees basically different private employees whole sort skills needs seek advantages uniqueness public employment employees work performed uniqueness special character employer summers public sector bargaining problems governmental decisionmaking cin rev emphasis added real differences collective bargaining public private sectors work greater infringement upon first amendment interests public employees public employee believes union representing urging course unwise matter public policy barred expressing viewpoint besides voting accordance convictions every public employee largely free express views public private orally writing exceptions pertinent public employees free participate full range political activities open citizens indeed term held first fourteenth amendments protect right public school teacher oppose public school board meeting position advanced teachers union madison school dist wisconsin employment relations ruling recognized principle exclusivity constitutionally used muzzle public employee like citizen might wish express view governmental decisions concerning labor relations quarrel truism public employee unions attempt influence governmental activities views members disagree may properly termed political characterization raise ideas beliefs public employees onto higher plane ideas beliefs private employees doubt true central purpose first amendment protect free discussion governmental affairs post quoting buckley valeo mills alabama cases never suggested expression philosophical social artistic economic literary ethical matters take nonexhaustive list labels entitled full first amendment protection union members public private sectors may find variety union activities conflict beliefs compare supra post nothing first amendment cases discussing meaning makes question whether adjective political properly attached beliefs critical constitutional inquiry differences collective bargaining simply translate differences first amendment rights even commentators acutely aware distinctive nature bargaining seriously concerned policy implications agree union security issue public sector fundamentally issue private sector special dimension results fact union represents public rather private employees wellington winter unions cities conclude michigan appeals correct viewing decisions hanson street controlling present case insofar service charges applied contract administration purposes michigan appeals ruled state law sanctions use nonunion members fees purposes collective bargaining mich complaints allege expenditures made case presents constitutional issues decided hanson street indeed street embraced interpretation railway labor act without difficulties see black dissenting frankfurter dissenting precisely avoid facing constitutional issues presented use dues political ideological purposes unrelated collective bargaining since state construction michigan statute authoritative however must confront issues case decisions establish unmistakable clarity freedom individual associate purpose advancing beliefs ideas protected first fourteenth amendments elrod burns plurality opinion cousins wigoda kusper pontikes naacp alabama ex rel patterson equally clear proposition government may require individual relinquish rights guaranteed first amendment condition public employment elrod burns supra cases cited perry sindermann keyishian board regents appellants argue fall within protection cases prohibited actively associating rather refusing associate specifically argue may constitutionally prevent union spending part required service fees contribute political candidates express political views unrelated duties exclusive bargaining representative concluded argument meritorious one one principles underlying decision buckley valeo contributing organization purpose spreading political message protected first amendment aking contribution enables persons pool resources furtherance common political goals reasoned limitations upon freedom contribute implicate fundamental first amendment interests fact appellants compelled make rather prohibited making contributions political purposes works less infringement constitutional rights heart first amendment notion individual free believe free society one beliefs shaped mind conscience rather coerced state see elrod burns supra stanley georgia cantwell connecticut freedom belief incidental secondary aspect first amendment protections fixed star constitutional constellation official high petty prescribe shall orthodox politics nationalism religion matters opinion force citizens confess word act faith therein west virginia bd ed barnette hold union constitutionally spend funds expression political views behalf political candidates toward advancement ideological causes germane duties representative rather constitution requires expenditures financed charges dues assessments paid employees object advancing ideas coerced threat loss governmental employment course difficult problems drawing lines activities contributions may compelled ideological activities unrelated collective bargaining compulsion prohibited held street matter statutory construction similar line must drawn railway labor act public sector line may somewhat hazier 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 occasion case however try define dividing line case comes us judgment pleadings evidentiary record kind allegations complaints general ones see supra parties neither briefed argued question specific union activities present context properly fall definition collective bargaining lack factual concreteness adversary presentation aid us approaching difficult questions highlights importance avoiding unnecessary decision constitutional questions decide general allegations complaints proved establish cause action first fourteenth amendments iii determining remedy appropriate appellants prove allegations objective must devise way preventing compulsory subsidization ideological activity employees object thereto without restricting union ability require every employee contribute cost activities task simplified guidance prior decisions street plaintiffs proved trial expenditures made political purposes various kinds found expenditures illegal railway labor act see supra moreover case plaintiff made known union representing craft class dissent use money political causes opposes see found circumstance respective unions without power use payments thereafter tendered political causes ibid since however hanson established agreement unlawful held enjoin enforcement sweep broadly also found injunction prohibiting union expending dues political purposes inappropriate basic policy reflected guardia act enjoining labor unions also union members wish part dues used political purposes right associate end without silenced dissenters noting dissent presumed employees affirmatively made known union opposition political uses funds entitled relief sketched two possible remedies first injunction expenditure political causes opposed complaining employee sum moneys spent union political purposes much moneys exacted proportion union total expenditures made political activities union total budget second restitution fraction union dues paid equal fraction total union expenditures made political purposes opposed employee considered remedial question railway clerks allen case employees refused pay dues obtained injunctive relief state enforcement agreement employees notified union prior bringing lawsuit opposition political expenditures trial testimony principally opposed expenditures general matter held employees adequately established cause action manifesting opposition political expenditures union emphasis original requirement street dissent affirmatively indicated satisfied allegations complaint filed indicated appropriateness two remedies sketched street reversed judgment affirming issuance injunction remanded determination expenditures properly characterized political percentage total union expenditures constituted allen described practical decree properly entered providing refund portion exacted funds proportion union political expenditures bear total union expenditures reduction future exactions proportion recognizing difficulties posed judicial administration remedy also suggested highly desirable unions adopt voluntary plan dissenters afforded internal union remedy ibid last suggestion particularly relevant case bar union adopted plan since commencement litigation although street allen concerned statutory rather constitutional violations difference surely justify lesser relief case judged standards cases michigan appeals ruling appellants entitled relief juncture unduly restrictive reasons outlined street correct denying broad injunctive relief requested holding prerequisite relief appellant must indicate union specific expenditures objects appeals ignored clear holding allen allen employees indicated pleadings opposed ideological expenditures sort unrelated collective bargaining require greater specificity confront individual employee dilemma relinquishing either right withhold support ideological causes objects freedom maintain beliefs without public disclosure also place employee considerable burden monitoring numerous shifting expenditures made union unrelated duties exclusive bargaining representative appeals thus erred holding plaintiffs entitled relief prove allegations contained complaints depriving opportunity establish right appropriate relief example kind remedies described street allen view newly adopted union internal remedy may appropriate michigan law even strictly required doctrine exhaustion remedies defer judicial proceedings pending voluntary utilization parties internal remedy possible means settling dispute judgment vacated case remanded proceedings inconsistent opinion ordered footnotes plaintiffs union members paying fees protest others refused either pay join union still others joined union paid fees without apparent protest clause prohibits discharge employee engaged litigation concerning service charge obligation legal remedies exhausted effort enforce clause plaintiffs made nature activities objections described detail grant summary judgment rule equivalent dismissal fed rule civ proc failure state claim upon relief granted see bielski wolverine ins hiers brownell handwerk steelworkers america app crowther ross chem mfg app material difference abood class action abood complaint prayed declaratory injunctive relief discharge teacher failure pay service charge relief might deemed appropriate section provides relevant part 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 purpose remand expressly indicated trial entered judgment defendants upon ground complaint failed state claim relief granted state appellate ruling amendment given retroactive effect undermine validity trial judgment appeals determination possibly meritorious claims raised plaintiffs prematurely asserted required result ordered trial remand retroactive application given amendment must therefore ministerial purpose correction language trial judgment defendants circumstances judgment appeals final purposes see pope atlantic coast line republic natural gas oklahoma richfield oil state bd equalization oral argument suggestion made case might moot clause placed issue complaints contained agreement expired clause unenforceable matter state law decision smigel ruling state appeals present cases statute given retroactive application sides acknowledged briefs submitted michigan appeals successor agreement effective contained substantially identical provision appeals appears taken judicial notice agreement rendering decision otherwise ruling amendment retroactive disposed case without need consider constitutional questions since state appellate considered agreement part record making ruling proceed upon premise fact agreement may expired since state appellate rendered decision affect continuing vitality controversy art iii purposes plaintiffs warczak abood either refused pay service charge paid protest see supra contention constitutionally compelled contribute service charge least portion thus survives expiration agreement agreement employee must become member union within specified period time hire must member pay whatever union dues fees uniformly required national labor relations act railway labor act permissible condition employment upon membership membership insofar significance employment rights may turn conditioned upon payment fees dues nlrb general motors see eleventh quoted infra hence although union shop denies employee option formally becoming union member federal law practical equivalent agency shop nlrb general motors supra see also lathrop donohue hanson concerned simply requirement financial support union focus question whether additional requirement arrangement employee formally join union constitutionally permissible see nlrb general motors supra difference union agency shop may great importance contexts cf storer brown agency shop us impose additional requirement occasion address question relevant part section provides 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 unlike national labor relations act railway labor act attempt state prohibit agreement federal statute provision issue hanson invalidated nebraska law hanson accordingly reasoned government action present federal statute source power authority private rights lost sacrificed enactment federal statute authorizing union shop agreements governmental action constitution operates see also courts enforce agreement sanction government course put behind see shelley kraemer hurd hodge barrows jackson suggesting street significantly undercut constituted rethinking hanson post opinion concurring judgment loses sight fact record street unlike hanson potentially presented constitutional questions arising union expenditures ideological purposes unrelated collective bargaining et seq see hines anchor motor freight collective bargaining system encouraged congress administered nlrb necessity subordinates interests individual employee collective interests employees bargaining unit vaca sipes controlling statutes long interpreted imposing upon bargaining agent responsibility equal scope authority responsibility duty fair representation humphrey moore supra union statutory representative employees subject always complete good faith honesty purpose exercise discretion ford motor huffman since steele louisville respect railroad industry ford motor huffman supra syres oil workers respect industries reached national labor relations act duty fair representation served bulwark prevent arbitrary union conduct individuals stripped traditional forms redress provisions federal labor law vaca sipes supra see infra see infra see supra see supra see hanson omitted powerful arguments made interests labor better served development democratic traditions trade unionism without coercive element union closed shop justice brandeis wide experience relations prior appointment wrote forcefully closed shop feared closed shop swing pendulum opposite extreme substitute tyranny employee tyranny employer question one policy judiciary concern justice brandeis first concede congress acting within constitutional powers final say policy issues acts unwisely electorate make change task judiciary ends appears legislative measure adopted relevant appropriate constitutional power congress exercises ingredients industrial peace stabilized relations numerous complex may well vary age age industry industry needful one decade might anathema next decision rests policy makers judiciary see also adair holmes dissenting quite agree question much good labor unions one intelligent people may differ think laboring men sometimes attribute advantages many attribute combinations capital disadvantages really due economic conditions far wider deeper kind pronounce unwarranted congress decide foster strong union best interest men railroads country large see cases cited infra see supra nothing opinion embraces premise public employers greater constitutional constraints counterparts private sector post powell concurring judgment indicates private agreements without subject constitutional constraints see post compare agreement case executed railway labor act simply existence governmental action contexts requires analysis free expression question somewhat startling particularly view concession hanson premised finding governmental action present see post powell concurring judgment read justice powell concurring opinion hanson street provide little guidance constitutional issues presented case post hanson nowhere suggested constitutional scrutiny agreement watered governmental action operated less directly true case present one indeed justice douglas author hanson expressly repudiated suggestion since neither congress state legislatures abridge first amendment rights grant power private groups abridge read first amendment forbids abridgment government whether directly indirectly street concurring opinion see hanslowe emerging law labor relations public employment wellington winter unions cities hildebrand public sector dunlop chamberlain eds frontiers collective bargaining rehmus constraints local governments public employee bargaining rev shaw clark practical differences public private sector collective bargaining rev smith state local advisory reports public employment labor legislation comparative analysis rev summers public employee bargaining political perspective yale project collective bargaining politics public employment rev general description text differences private collective bargaining drawn sources see anderson strikes impasse resolution public employment rev burton krider role consequences strikes public employees yale hildebrand supra kheel strikes public employment rev wellington winter limits collective bargaining public employment yale wellington winter strikes public employees yale see supra employees state local governments may subject little hatch act designed ensure government operates effectively fairly public confidence government undermined government employees become powerful political machine controlled incumbent officials see broadrick oklahoma csc letter carriers moreover may limits extent employee sensitive policymaking position may freely criticize superiors policies espouse see pickering board education see wooley maynard first amendment secures right proselytize religious political ideological causes emphasis supplied young american mini theatres plurality opinion protection first amendment fully applicable communication social political philosophical messages dissenting opinion even offensive speech address important topics less worthy constitutional protection police dept chicago mosley cohen california quoting winters new york frankfurter dissenting street new york quoting west virginia bd ed barnette official high petty prescribe shall orthodox politics nationalism religion matters opinion emphasis supplied naacp button kingsley pictures regents suppression motion picture expresses idea certain circumstances adultery may proper behavior strikes heart first amendment protection naacp alabama ex rel patterson immaterial whether beliefs sought advanced pertain political economic religious cultural matters roth quoting thornhill alabama lathrop donohue companion case street lawyer sued refund dues paid protest integrated wisconsin state bar dues required condition practicing law wisconsin plaintiff contended requirement violated constitutionally protected freedom association dues used state bar formulate support legislative proposals concerning legal profession plaintiff objected plurality four justices found requirement face unconstitutional relying analogy hanson plurality ruled hanson constitutional questions tendered ripe nowhere clearly apprised views appellant particular legislative issues state bar taken position way degree funds compulsorily exacted members used support organization political activities five members disagreed plurality thought constitutional questions reached three justices upheld constitutionality using compulsory dues finance state bar legislative activities even opposed dissenting members see harlan concurring judgment whittaker concurring result two justices held activities unconstitutional see ibid black dissenting douglas dissenting proposition majority lathrop agreed constitutional issues reached however due disparate views five justices merits failure four members discuss constitutional questions lathrop provide clear holding guide us adjudicating constitutional questions presented see also shelton tucker state statute required every teacher file annually affidavit listing every organization belonged regularly contributed unconstitutional unlimited indiscriminate interference freedom association view long held james madison first amendment author wrote defense religious liberty see hat authority force citizen contribute three pence property support one establishment may force conform establishment cases whatsoever writings james madison hunt ed thomas jefferson agreed compel man furnish contributions money propagation opinions disbelieves sinful tyrannical brant james madison nationalist extent activity involves support political candidates must course conducted consistently applicable constitutional system election campaign regulation see generally buckley valeo developments law elections harv rev appellants complaints also alleged union carries various social activities open nonmembers unclear extent activities fall outside union duties exclusive representative involve constitutionally protected rights association without greater specificity description activities benefit adversary argument leave questions first instance michigan courts reason avoid anticipating difficult constitutional questions case possibility dispute may settled resort newly adopted internal union remedy see infra plainly adequate remedy limit use actual dollars collected dissenting employees purposes limitation bookkeeping significance rather matter real substance must remembered service fee admittedly exact equal membership initiation fees monthly dues dues collected members may used variety purposes addition meeting union costs collective bargaining unions rather typically use membership dues things members authorize union interest behalf union total budget divided collective bargaining institutional expenses nonmember payments equal member go entirely collective bargaining costs nonmember pay expenses pro rata share member pay less extent portion fees dues available pay institutional expenses union budget balanced paying larger share collective bargaining costs nonmember subsidizes union institutional activities retail clerks schermerhorn see supra proposing restitution remedy street opinion made clear necessity however employee trace money including expenditure money goes general funds separate accounts receipts expenditures funds individual employees maintained portion money employee entitled recover proportion expenditures political purposes advised union disapproved bore total union budget allen viewed relaxation conditions established street governing eligibility relief see allen harlan concurring part dissenting part street seemed imply employee required identify particular causes opposed implication clearly disapproved allen explained today see infra strong reasons preferring approach allen allen went elaborate since unions possess facts records proportion political total union expenditures reasonably calculated basic considerations fairness compel individual employees bear burden proving proportion absolute precision calculation proportion course expected required mindful difficult accounting problems may arise decree proper appeared likely infringe unions right expend uniform exactions agreement support activities germane collective bargaining well expend nondissenters exactions support political activities procedure adopted union explained appellees brief dissenting employee may protest beginning school year expenditure part fee activities causes political nature involving controversial issues public importance incidentally related wages hours conditions employment employee entitled pro rata refund service charge accordance calculation portion total union expenses specified purposes calculation made first instance union subject review impartial board buckley valeo recognized compelled disclosure political campaign contributions expenditures seriously infringe privacy association belief guaranteed first amendment see gibson florida legislative bates little rock naacp alabama ex rel patterson noted invasion privacy belief may great information sought concerns giving spending money concerns joining organizations therefore past decisions extended constitutional protection contributors members interchangeably citing california bankers assn shultz powell concurring bates little rock supra rumely disclosure specific causes individual employee opposed necessarily discloses negative implication causes employee support may subject economic reprisal threat physical coercion manifestations public hostility might dissuade exercising right withhold support fear exposure beliefs consequences exposure naacp alabama ex rel patterson supra although appellants specifically pray either remedies described street allen complaints abood warczak included general prayer relief may necessary may seem equitable warczak complaint styled class action trial dismissed complaint without addressing propriety class relief michigan law therefore occasion address question whether individual employee named plaintiff merely member plaintiff class without entitled relief street allen matter federal law see supra nn express view constitutional sufficiency internal remedy described appellees appellants initially resort remedy ultimately conclude constitutionally deficient respect course entitled judicial consideration adequacy remedy justice rehnquist concurring joined plurality opinion elrod burns find virtually impossible join opinion case elrod plurality stated illuminating source turn performing task constitutional adjudication system government first amendment intended protect democratic system whose proper functioning indispensably dependent unfettered judgment citizen matters political concern decision obedience guidance source outlaw political parties political campaigning management parties free exist concomitant activities free continue require rights every citizen believe act associate according beliefs free continue well continue believe however dissenting opinion justice powell elrod burns supra joined correctly stated governing principles first fourteenth amendment law case public employees unable see constitutional distinction governmentally imposed requirement public employee democrat republican else lose job similar requirement public employee contribute expenses labor union therefore join opinion judgment justice stevens concurring joining opinion including discussion possible remedies imply understand imply remedies described machinists street railway clerks allen necessarily adequate case case specifically opinion foreclose argument union permitted exact service fee nonmembers without first establishing procedure avoid risk funds used even temporarily finance ideological activities unrelated collective bargaining final decision appropriate remedy must await full development facts trial case us equivalent motion dismiss ante knowledge facts limited bald assertion union engages number variety activities programs economic political professional scientific religious nature plaintiffs approve ante anything proved trial matter conjecture justice powell chief justice justice blackmun join concurring judgment today holds state constitutionally compel public employees contribute union political activities oppose basis concludes general allegations complaints proved establish cause action first fourteenth amendments ante much opinion agree therefore join judgment remanding case proceedings holding judgment small part today decision working novel premise public employers greater constitutional constraints counterparts private sector apparently rules public employees compelled state pay full union dues union disagree subject possible rebate deduction willing step forward declare opposition union initiate proceeding establish portion dues spent ideological activities unrelated collective bargaining ante sweeping limitation first amendment rights unnecessary record view unsupported either precedent reason apparently endorses principle state infringes interests protected first amendment compels individual support political activities others condition employment see ante one think acceptance principle require careful inquiry constitutional interests stake case importance avoids inquiry ground foreclosed decisions railway employes dept hanson machinists street respect reliance cases concerned congressional authorization agreements private sector misplaced issue hanson constitutionality railway labor act authorization agreements private sector section eleventh act eleventh provides essence notwithstanding contrary provision state law employers unions permitted enter voluntary agreements whereby employment conditioned payment full union dues fees see ante suit brought nonunion members claimed congress forced ideological political associations violate right freedom conscience freedom association freedom thought protected bill rights acceptance claim required adoption series propositions sufficient governmental involvement private agreement justify inquiry first amendment ii refusal pay money union speech protected first amendment iii congress interfered infringed protected speech interest authorizing union shops iv interference unwarranted overriding congressional objective adopted first propositions agreed nebraska eleventh authorizing agreements otherwise might forbidden state law involved congress sufficiently justify examination first amendment claims merits concluded violation first amendment reasoning behind conclusion elaborate language opinion appears suggest even congress compelled employers employees enter agreements required financial support union infringe protected first amendment interest lose sight distinction governmentally compelled financial support actual effect railway labor act union shop provision railway labor act permissive congress compelled required carriers employees enter union shop agreements omitted later reflected street held hanson eleventh constitutional bare authorization contracts requiring workers give financial support unions legally authorized act collective bargaining agents reading eleventh avoid unnecessary constitutional decisions street suggests rethinking first amendment issues decided summarily indeed almost viewed inconsequential hanson sure precisely decision street rest explicitly constitution opinion supplies reasoned analysis constitutional issues opinion hanson examination strained construction railway labor act light various separate opinions street suggests sought leave open three important constitutional questions taking course first reading act made unnecessary decide whether withholding financial support union political activities type speech protected governmental abridgment first amendment justice douglas wrote opinion hanson provided necessary fifth vote street believed use union funds political purposes subordinates individual first amendment rights views majority justice black expressed similar view dissent justice frankfurter joined justice harlan strongly disagreed reading statute made unnecessary resolve dispute second approach made possible reserve judgment whether assuming protected first amendment interests implicated congress might go approving private arrangements interfere interests commanding arrangements justice douglas doubts constraints congress either case since neither congress state legislatures abridge first amendment rights grant power private groups abridge read first amendment forbids abridgment government whether directly indirectly must consider difference compulsion absence compulsion congress acts platonically wholly way congress commanded railroads shall employ workers members authorized unions speak government acting permitting union shop scope force congress done must heeded trace compulsion involved exercise restriction congress freedom carriers unions finally placing decision statutory grounds able leave open question whether assuming act intruded protected first amendment interests intrusion justified governmental interests asserted behalf hanson made unnecessary address issue respect funds exacted solely collective bargaining reading railway labor act prohibit union use exacted funds political purposes street made unnecessary discuss whether authorizing use funds might ever justified view cases read narrowly constitutional principle clearly stand narrow holding hanson railway labor act authorization voluntary agreements private sector violate first amendment hold withholding financial support union protected speech signify government constitutionally compel employees absent private agreement pay full union dues union representative condition employment say anything kinds governmental interests justify compulsion indeed justification required first amendment extensive reliance hanson street requires rule constitutional distinction government require employees permit private employers distinction fundamental first amendment government may authorize private parties enter voluntary agreements whose terms adopt stressed importance distinction recently jackson metropolitan edison new york resident brought suit private utility claiming denied due process utility terminated service without notice hearing alleging utility summary termination procedures specifically authorized approved state sustaining dismissal complaint held authorization approval transform procedures company procedures state nature governmental regulation private utilities utility may frequently required state regulatory scheme obtain approval practices business regulated less detail free institute without approval regulatory body approval state utility commission request regulated utility commission put weight side proposed practice ordering transmute practice initiated utility approved commission state action analogy often drawn agreement labor relations legislative code said example powers union railway labor act comparable possessed legislative body create restrict rights represents steele louisville argued analogy requires provision private agreement meet limitations constitution imposes congressional enactments wisely refrained adopting view generally measured rights duties embodied agreement limitations imposed congress see emporium capwell western addition community nlrb mfg similar constitutional restraint wholly inappropriate public sector agreement public agency party merely analogous legislation attributes legislation subjects deals teachers union example acting pursuant state statute authorizing collective bargaining public sector obtains agreement school board teachers residing outside school district hired provision bargaining agreement effect force school board adopted promulgating regulation indeed rule michigan municipal agreement conflicts otherwise valid municipal ordinance ordinance must yield agreement detroit police officers assn detroit holding duly enacted residency requirement police must yield contrary agreement reached collective bargaining state case merely authorized agreements willing parties negotiated adopted agreement acting detroit board education state undertaken compel employees pay full fees equal amount dues union condition employment accordingly board agreement like enactment state law fully subject constraints constitution imposes coercive governmental regulation neither hanson street confronted kind governmental participation agency shop involved cases provide little guidance constitutional issues presented case understanding therefore writes clean constitutional slate field collective bargaining turn merits ii today holds compelling employee finance union ideological activities unrelated collective bargaining violates first amendment regardless asserted governmental justification ante also decides compelling employee finance union activity may related way collective bargaining permissible first amendment compulsion relevant appropriate asserted governmental interests ante places burden litigation individual order vindicate first amendment rights union shop individual employee apparently must declare opposition union initiate proceeding determine part union budget allocated activities ideological unrelated collective bargaining ante agree neither rigid analysis first amendment burden places individual first amendment principles become settled since hanson street decided clear first withholding financial support union within protection first amendment second state bear burden proving union dues fees requires nonunion employees needed serve paramount governmental interests initial question whether requirement school board employees contribute teachers union condition employment impinges upon first amendment interests refuse support union whether disapprove unionization public employees object certain union activities positions answers question affirmative fact government employees compelled make contributions political purposes works infringement constitutional rights ante compelled support union impact upon may thought interfere way first amendment interests ante agree far goes make explicit compelling government employee give financial support union public sector regardless uses union puts contribution impinges seriously upon interests free speech association protected first amendment buckley valeo considered constitutional validity federal election campaign act amended one provisions limited amounts individuals contribute federal election campaigns held limitations political contributions impinge protected associational freedoms making contribution like joining political party serves affiliate person candidate addition enables persons pool resources furtherance common political goals act contribution ceilings thus limit one important means associating candidate committee ultimate objective union public sector like political party influence public decisionmaking accordance views perceived interests membership whether teachers union concerned salaries fringe benefits teacher qualifications training ratios length school day student discipline content high school curriculum objective bring school board policy decisions harmony views similarly extent school board expenditures policy guided decisions made municipal state federal governments union objective obtain favorable decisions place persons positions power receptive union viewpoint respects union indistinguishable traditional political party country distinguishes union political party distinction limited one members employees share similar economic interests may common professional perspective issues public policy public school teachers example common interest fair teachers salaries reasonable ratios suggests possibility limited range probable agreement among class individuals union organized represent unable see likelihood area consensus group remove protection first amendment disagreements inevitably occur certainly individual teachers ideologically opposed unionism appellants case ante one think compelling affiliate union contributing infringes first amendment rights degree compelling contribute political party first amendment protection speech turn likelihood frequency occurrence basis distinguishing activities political activities far interests protected first amendment concerned collective bargaining public sector political meaningful sense word obvious bargaining extends may michigan matters public policy educational philosophy inform high school curriculum also true bargaining focuses bread butter issues wages hours vacations pensions decisions issues direct impact level public services priorities within state municipal budgets creation bonded indebtedness tax rates cost public education normally largest element county municipal budget decisions reached collective bargaining schools affect teachers quality education also taxpayers beneficiaries important public services democratic system government decisions critical issues public policy entrusted elected officials ultimately responsible voters disassociation union expression disagreement positions objectives therefore lie core activities protected first amendment elrod burns plurality opinion although first amendment protections confined exposition ideas winters new york practically universal agreement major purpose th amendment protect free discussion governmental affairs mills alabama buckley neither right associate right participate political activities absolute csc letter carriers particularly true field public employment state interests employer regulating speech employees differ significantly possesses connection regulation speech citizenry general pickering board education nevertheless even public employment significant impairment first amendment rights must survive exacting scrutiny elrod burns plurality opinion accord powell dissenting governmental interest advanced must paramount one vital importance burden government show existence interest must taken confuse interest partisan organizations governmental interests latter suffice moreover government must emplo means closely drawn avoid unnecessary abridgment buckley valeo supra plurality opinion points ante interests advanced compulsory agency shop detroit board education entered much advanced federal legislation permitting voluntary agreements private sector agency shop said necessary adjunct principle exclusive union representation said reduce risk nonunion employees become free riders fairly distributing costs exclusive representation said promote cause labor peace public sector ante interests may well justify encouraging arrangements private sector far less reason believe justify intrusion upon first amendment rights results compelled support union condition government employment madison school dist wisconsin employment relations expressly reserved judgment constitutional validity exclusivity principle public sector today decides issue summarily confusion conflict arise rival teachers unions holding quite different views proper class hours class sizes holidays tenure provisions grievance procedures sought obtain employer agreement different kind evils exclusivity rule railway labor act designed avoid ante points minority employee barred exclusivity principle expressing see ante limited sense may true minority employee excluded theory engaging meaningful dialogue employer subjects collective bargaining dialogue reserved union possible paramount governmental interests may found least respect certain narrowly defined subjects bargaining support restriction first amendment interests burden government show existence interest elrod burns plurality opinion appeal reaches motion dismiss record barren demonstration state excluding minority views processes governmental policy made necessary serve overriding governmental objectives sustain exclusivity principle public sector absence carefully documented record ignore rather respect importance avoiding unnecessary decision constitutional questions ante may said asserted interests eliminating free rider effect preserving labor peace may board education position demonstrate interests paramount importance requiring public employees pay certain union fees dues condition employment necessary serve interests exclusive bargaining scheme present record assurance whatever case today well established state law intrudes upon protected speech state must shoulder burden proving action justified overriding state interests see elrod burns supra healy james speiser randall first time first amendment case simply reverses principle today decision nonunion employee vindicate first amendment rights apparently must initiate proceedings prove union allocated portion budget ideological activities unrelated collective bargaining ante adhere established first amendment principles require state come forward demonstrate union expenditure exact support minority employees compelled contribution necessary serve overriding governmental objectives placement burden litigation gives appropriate protection first amendment rights without sacrificing ends government may deemed important compared union shop organized bar present record infringement impairment first amendment rights case lawyer state law required member integrated bar justice douglas author opinion hanson later remarked reflection analogy fails lathrop donohue dissenting opinion today simply reads separate opinion justice douglas street expressing holding hanson ante see ante may possible read hanson way see supra certainly unnecessary light issues actually presented resolved case offers explanation justices frankfurter harlan believed scope force congress done must heeded acquiesce finding governmental action hanson finding represented definitive ruling governmental authorization private agreement subjects agreement full constraints first amendment whether first amendment interests implicated congress done nothing affirmatively infringe interests infringement first amendment interests necessary serve overriding governmental purposes unanimous railway labor act constitutional insofar protected private agreements compel payment sufficient fees cover costs douglas concurring opinion whittaker black dissenting frankfurter dissenting explicitly reserved judgment matter expenditures activities area costs led directly complaint free riders expenditures support union political activities say course governmental authorization private action free constitutional scrutiny bill rights fourteenth amendment historical context facially permissive enactment may demonstrate purpose effect bring result constitution forbids legislature achieve direct command well established example state promote racial discrimination laws designed foster encourage discriminatory practices private sector see reitman mulkey cf moose lodge irvis street read railway labor act restrictively concerned broader reading might result indirect curtailment first amendment rights congress aware ever held apparently today constitutional constraints invariably apply government fosters encourages result private sector permissive legislation commands result full force law see note individual rights industrial state action analysis nw rev cf blumrosen group interests labor law rutgers rev agreements subjected constitutional constraints federal rules regulations difficult find stopping place constitutionalization regulated private conduct private activity infused governmental much way union shop enacted decisional law everywhere conditions shapes nature private arrangements society true commercial contract regulated comprehensive uniform statutes less collective bargaining agreement wellington labor legal process cf summers public sector bargaining problems governmental decisionmaking cin rev uniqueness public employment employees work performed uniqueness special character employer employer government ones act behalf employer public officials ones officials answerable citizens voters developed whole structure constitutional statutory principles whole culture political practices attitudes government conducted powers public officials exercise made answerable actions collective bargaining public employers must fit within governmental structure must function consistently governmental processes problems public employer accommodating collective bargaining function government structures processes makes public sector bargaining unique reliance hanson street ambivalent say least street construed eleventh railway labor act deny unions employee objection power use exacted funds support political causes opposes opinion distinguishes union activities related collective bargaining use union funds political purposes expenditure nonpolitical purposes yet today repudiates latter distinction holding nothing turns whether union activity may characterized political ante true believes hanson street declare limits constitutional protection governmental union shop ante abandonment distinction drawn cases explained desire avoid full implications public sector subjects bargaining inherently political see infra leadership american federation teachers local union involved case affiliated apparently taken position collective bargaining extend every aspect educational policy within purview school board see weitzman scope bargaining public employment michigan law requires public agencies bargain authorized unions conditions employment comp laws limit permissible scope bargaining conditions see summers supra major decisions made bargaining public employees inescapably political decisions directly issue political questions size allocation budget tax rates level public services long term obligations government decisions made political branches government elected officials politically responsible voters see also hortonville school dist hortonville ed wellington winter structuring collective bargaining public employment yale compelled support private association fundamentally different compelled support government clearly local school board need demonstrate compelling state interest every time spends taxpayer money ways taxpayer finds abhorrent reason permitting government compel payment taxes spend money controversial projects government representative people said union representative one segment population certain common interests withholding financial support fully protected speech context failure apply established first amendment standards articulated elrod burns buckley valeo difficult explain light concession disassociation union activities entitled full first amendment protection regardless whether activities may characterized political ante one may surmise majority today joined plurality opinion elrod hold unarticulated belief compelled support union makes better public policy compelled support political party loss understand state decision adopt agency shop public sector worthy greater deference challenged first amendment grounds decision adhere tradition political patronage see elrod powell dissenting stressing union duty fair representation ante may suggesting state provided adequate means minority viewpoints heard within union even michigan law read impose broad obligation union listen represent viewpoints employees issues curriculum reform imposition obligation union relieve school board responsibilities least unless union declared public agency state delegated part school board power yet delegation state power covering unlimited range school board responsibility set school policy see nn supra raise grave constitutional issues power determine school policy shifted part officials elected population school district officials elected school board employees voters district complain force reason voting power influence decisionmaking process unconstitutionally diluted see kramer union school hadley junior college unions public sector may expected spend money broad variety ways closely related collective bargaining others likely stimulate ideological opposition others respect many expenditures arriving appropriate reconciliation employees first amendment interests asserted governmental interests difficult think narrowly defined economic issues teachers salaries pension benefits example case requiring teachers speak single representative quite strong concomitant limitation first amendment rights relatively insignificant issues case requiring teachers contribute clearly identified costs collective bargaining also strong interest minority teacher benefited directly withholding support comparatively weak issues including questions best educate young strong first amendment interests dissenting employees might expected prevail may said union activities bargaining processing individual grievances may important union service fee exacted minimal intrusion first amendment interests union actions strike public agency may controversial general public concern compelled financial support employees permitted constitution