872
Opinion of the Court
991 (1997), limited to the question whether an objector must exhaust a union-provided arbitration process before bringing an agency-fee challenge in federal court, a matter on which the Courts of Appeals have reached differing conclusions.1
II
A
Because Delta is a "common carrier by air engaged in interstate or foreign commerce," 45 U. S. C. § 181, the RLA governs its bargaining relationship with ALPA. Section 2, Eleventh, of the RLA allows employers and unions to conclude agency-shop agreements.2 The statutory authorization for such agreements aims to resolve the problem of "free riders—employees in the bargaining unit on whose behalf
1 Compare Lancaster v. Air Line Pilots Assn. Int'l, 76 F. 3d 1509, 1522 (CA10 1996) (exhaustion of arbitral remedy required), with Knight v. Kenai Peninsula Borough School Dist., 131 F. 3d 807, 816 (CA9 1997) (exhaustion not required), and Bromley v. Michigan Ed. Assn.-NEA, 82 F. 3d 686, 694 (CA6 1996) (same).
2 The RLA, § 2, Eleventh, as added by 64 Stat. 1238, 45 U. S. C. § 152, Eleventh, provides in pertinent part:
"Notwithstanding any other provisions of this chapter, or of any other statute or law of the United States, or Territory thereof, or of any State, any carrier or carriers as defined in this chapter and a labor organization or labor organizations duly designated and authorized to represent employees in accordance with the requirements of this chapter shall be permitted—
"(a) to make agreements, requiring, as a condition of continued employment, that within sixty days following the beginning of such employment, or the effective date of such agreements, whichever is the later, all employees shall become members of the labor organization representing their craft or class: Provided, That no such agreement shall require such condition of employment with respect to employees to whom membership is not available upon the same terms and conditions as are generally applicable to any other member or with respect to employees to whom membership was denied or terminated for any reason other than the failure of the employee to tender the periodic dues, initiation fees, and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership."
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