The Use of Union Dues for Political Purposes: A Discussion of Agency Fee Objectors and Public Policy

Publication Date: June 1998

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Labor; Politics

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Abstract:

Union security agreements are agreements between employers and unions which require employees to give financial support to unions as a condition of employment. Individuals who are members of a bargaining unit covered by a union security agreement, who object to the use of their dues for political purposes, are called agency fee objectors. The right of non-member agency fee payers to object to the use of their agency fees for political activities is often referred to as a Beck right after the Supreme Court ruling in Communications Workers of America v. Beck. Under current law, in order to pay a reduced agency fee, however, employees must be aware of their right to object to payment of unions’ political expenses, and they must resign their union membership. Concerns have been expressed about whether individuals covered by union security agreements are being required to support political activities to which they might object, and whether they are being adequately informed of their right to object to the use of their dues for such expenditures.

Proponents of legislation to strengthen Beck enforcement argue that unions are not providing members with sufficient notice of Beck rights, and the National Labor Relations Board (NLRB) has not been vigorous enough in enforcement of Beck. On the other hand, labor unions argue that the increased scrutiny of unions is prompted by the increased activism of unions and they assert that the real objective of proposals to strengthen Beck is the abolition of union security agreements altogether.

On May 21, 1998, the House began consideration of campaign finance reform legislation. On June 11, 1998 the House defeated H.J.Res. 119 (Delay), a proposed constitutional amendment. The first of 11 substitute amendments (H.R. 3502/White) to H.R. 2183 (Allen/Hutchinson) was defeated on June 17. Some supporters of H.R. 3502 agreed to vote present, and allow the bill to be defeated, with the understanding that it would later be attached as an amendment to H.R. 3526 (Shays/Meehan), the second of the 11 substitute amendments that have been ruled in order. The Shays/Meehan amendment would codify the Beck decision. Four of the other substitute amendments would require prior written authorization by employees for union use of member or non-member dues and fees for political activities.

In February 1998, the full Senate considered campaign finance reform legislation, for a second time in the 105th Congress. On February 23, 1998, Senator Lott introduced S. 1663, the Paycheck Protection Act. The text of S. 25, as revised, was offered by Senators McCain and Feingold as an amendment in the nature of a substitute to S. 1663. On February 26, 1998, the Senate declined to invoke cloture on S. 1663 or the McCain-Feingold amendment.

This report will be updated as needed.