Simmons, Jannace & Stagg
Davenport v. Washington Ed. Assn.
In mid-June of 2007, the Supreme Court of the United States made a ruling on a case challenging Washington law: a law that prohibits public sector unions from using the fees of non-union members on any political cause or pursuits without the consent of the nonunion members. In June 2007, in the Davenport v. Washington Ed. Assn. ruling, the United States Supreme Court ruled that any state in the United States could compel public-sector unions to obtain permission from non-union members before utilizing collected union fees on political interests, pursuits, causes and/or activities.
The law in the state of Washington held that the union must receive permission from non-union members if the union in question was to utilize fees for political objectives and purposes that were outside those described within the collective bargaining agreement. The decision handed down by the United States Supreme Court opens the doors for future limitations to be imposed on the bargaining fees collected by unions from non-members. Justice Antonin Scalia delivered the unanimous decision in court on June 14, 2007.
It is true that the majority of the fifty states permit public sector unions to charge non-union employees/members fees and uses of such charges are usually arranged, defined and described in the collective bargaining agreement. However, the Supreme Court deemed that such fees could not be utilized for ideological causes that were not congruent with the collective bargaining responsibilities of the union; such a ruling included political pursuits and activities.
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