Air Line Pilots v. Miller, 523 U.S. 866, 11 (1998)

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876

AIR LINE PILOTS v. MILLER

Opinion of the Court

tion, sound judicial discretion governs.")).4 But a principal purpose of that doctrine is not relevant here. "[T]he exhaustion doctrine recognizes the notion, grounded in deference to Congress' delegation of authority to coordinate branches of Government, that agencies, not the courts, ought to have primary responsibility for the programs that Congress has charged them to administer." Id., at 145. ALPA seeks exhaustion not of an administrative remedy established by Congress but of an arbitral remedy established by a private party. Ordinarily, "arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit." Steel-workers v. Warrior & Gulf Nav. Co., 363 U. S. 574, 582 (1960); see also First Options of Chicago, Inc. v. Kaplan, 514 U. S. 938, 942 (1995) ("a party who has not agreed to arbitrate will normally have a right to a court's decision about the merits of its dispute").

The Union, it is true, acted to comply with this Court's decision in Hudson rather than out of its own unconstrained choice. But Hudson's requirement of "a reasonably prompt

4 Amicus National Education Association (NEA) argues that the question before us is one not of exhaustion but of ripeness. Illegality depends on the spending of compelled agency fees for ideological purposes, NEA maintains, not simply the initial collection of those fees; hence, an objector has no basis for filing suit until the arbitrator has ruled and the disputed amounts are released from escrow. See Brief for National Education Association as Amicus Curiae 18-20. Petitioner, in its reply brief, endorses NEA's argument. See Reply Brief 16-17. The contention, however, is inconsistent with Teachers v. Hudson, 475 U. S. 292 (1986). There, we rejected the union's position that "because a 100% escrow completely avoids the risk that dissenters' contributions could be used improperly, it eliminates any valid constitutional objection to the procedure and thereby provides an adequate remedy." Id., at 309. We held that even if the entire agency fee remained in escrow throughout arbitration, objectors (who are deprived of the use of what may be their property pending the outcome of the dispute) had an independent, enforceable interest in the prompt and proper resolution of their objections.

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