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Unions Win Key Organizing
Supreme Court Decision

November 20, 2002

The U.S. Supreme Court on November 12 let stand an appeals court decision that upheld that union fees collected from non-members can be used in organizing efforts. The high court ruling leaves no question that unions may charge nonmembers covered by a union-security clause for the costs of organizing in the same competitive market.

The case, Mulder v. National Labor Relations Board, was brought by the anti-union National Right to Work Legal Defense Foundation, representing workers who were covered by union contracts won by the United Food and Commercial Workers at City Markets in Colorado and Meijer in Michigan. Relying on the Supreme Courts 1988 Beck v. Communications Workers of America decision, which held that nonmembers should not have to pay for organizing activities, the plaintiff said being forced to pay for union organizing activities was a free speech violation.

In 1999, the NLRB rejected that argument, ruling that organizing new members is vital to a unions ability to win improved wages and benefits, which are enjoyed by all workers covered under a union contract, regardless of membership status. The Supreme Court agreed, and allowed that decision to stand.

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