Cite as: 523 U. S. 866 (1998)
Breyer, J., dissenting
be entitled to insist that the arbitration procedure be exhausted before resorting to the courts." 475 U. S., at 311.
I agree with Justice White that the law permits the Union to insist upon compliance with that internal procedure—as long as the required arbitration is nonbinding and conducted expeditiously by an "impartial" arbitrator, as Hudson requires. Id., at 310.
The Court majority quotes with approval the Court of Appeals' statement that Justice White's concern, while " 'practical,' " lacked a " 'legal basis.' " Ante, at 875 (quoting 108 F. 3d 1415, 1421 (CADC 1997)) (emphasis deleted). But Hudson itself, and the case law upon which Hudson rests, provide more than adequate legal support for Justice White's basic position. Those cases make clear that Hudson's requirements do not rest solely upon the interests of dissenting employees, but, rather, grow out of a judicial effort to balance two distinct interests.
One interest is the Union's concern that nonmember employees share the cost of the collective bargaining from which they benefit. See Abood v. Detroit Bd. of Ed., 431 U. S. 209, 222 (1977) (imposition of agency fees "is constitutionally justified by the legislative assessment of the important contribution of the union shop to the system of labor relations established by Congress"); Railway Clerks v. Allen, 373 U. S. 113, 122 (1963) ("no decree would be proper which appeared likely to infringe the unions' right to expend uniform exactions under the union-shop agreement"); Machinists v. Street, 367 U. S. 740, 761-764 (1961); see also Lehnert v. Ferris Faculty Assn., 500 U. S. 507, 520-521 (1991). The other interest is that of the nonmember in not paying for "nongermane" union activity, which activity may promote ideological or political views that the nonmember does not share. Lehnert, supra, at 515-519; Abood, supra, at 233-236; Allen, supra, at 118-121; Street, supra, at 765-769.
881
Page: Index Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: October 4, 2007