Brotherhood of Railway & Steamship Clerks, Freight Handlers, Express & Station Employes v. Allen
Brotherhood of Railway & Steamship Clerks, Freight Handlers, Express & Station Employes v. Allen
Opinion of the Court
delivered the opinion of the Court.
By the terms of an agreement (the Agreement) authorized by § 2 Eleventh of the Railway Labor Act
On appeal, the Supreme Court of North Carolina reversed, Allen v. Southern R. Co., 249 N. C. 491, 107 S. E. 2d 125, holding that judgment for petitioners was required by our decision in Railway Employes’ Dept. v. Hanson, 351 U. S. 225, where we held that § 2 Eleventh was a valid exercise by Congress of its powers -under the
First. We held in Street “that § 2, Eleventh is to be ' construed to deny the unions, oyer an employee’s objection, the power to use his exacted funds to support political causes which he opposes.” 367 U. S., at 768-769. Respondents’ amended complaint alleges that sums exacted under the Agreement “have been and are and will be regularly and continually used by the defendant Unions to carry on, finance and pay for political activities directly at cross-purposes with the free will and choice of the plaintiffs.” This allegation sufficiently states a cause of action. It would be impracticable to require a dissenting employee to allege and prove each distinct union political expenditure to which he objects; it is enough that he manifests his opposition to any political expenditures by the union.
Second. We also held in Street that an injunction relieving dissenting employees of all obligation to pay the moneys due under an agreement authorized by § 2 Eleventh was impermissible. Such employees “remain obliged, as á condition of continued employment, to make
It also follows from Street that the Superior Court erred in granting respondents interim relief against compliance with the financial obligations imposed by the Agreement.As a result of this relief none of the. respondents has taken any steps toward compliance since the suit was instituted. We think that lest the important fúnctions of labor organizations under the Railway Labor Act be unduly impaired, dissenting employees (at least in the absence of special circumstances not shown here) can be entitled to no relief until final judgment in their favor is entered. Therefore, on remand respondents should be given a reasonable time within which they must pay to the bargaining representative of their class or craft all sums required under the Agreement, including arrears, that are owing; as to any respondent failing to do this, the action must be dismissed.
Third. We suggested in Street that among the permissible remedies for dissenting employees were “an injunction against éxpenditure for political causes opposed by each complaining employee of a sum, from those
Fourth. While adhering to the principles governing remedy which we announced in Street, see 367 U. S., at 771-775, we think it appropriate to suggest, in addition, a practical decree to which each respondent proving his right to relief would be entitled. Such, a decree would order (1) the refund to him of a portion of the exacted funds in the same proportion that union political expenditures bear to total union expenditures, and (2) a reduction of future such exactions from him by the same proportion. We recognize that practical difficulties may attend a decree reducing an employee’s obligations under the union-shop agreement by a fixed proportion, since the proportion of the union budget devoted to political activities may not be constant. The difficulties in judicially administered relief, although not insurmountable (a decree once entered would of course be modifiable upon a showing of changed circumstances), should, we think, encourage petitioner unions to consider the adoption by their membership of some voluntary plan by which dissenters would be afforded an internal' union remedy.
Reversed and remanded.
[For opinion of Mr. Justice Harlan, see post, p. 129.]
APPENDIX TO OPINION OF THE COURT.
The Trade Union Act of 1913, 2 & 3 Geo. V, c. 30, reads in part as follows:
3. — (1) The funds of a trade union shall not be applied, either directly or in conjunction with any other trade union, association, or body, or otherwise indirectly, in the furtherance of the political objects to which this section applies (without prejudice to the furtherance of any other political objects), unless the furtherance of those objects has been approved as an object of the union by a resolution for the time being in force passed on a ballot of the members of the union taken in accordance with this Act for the purpose by a majority of the members
•(a) That any payments in the furtherance of. those objects are to be made out of a separate fund (in this Act referred to as the political fund of the union), and for the exemption in accordance with this Act of ahy member of the union from any obligation to contribute to such a fund if he gives notice in accordance with this Act that he objects to contribute; and
(6) That a member who is exempt from the obligation to contribute to the political fund of the union shall not be excluded from any benefits of the union, or placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the union (except in relation to the control or management of the political fund) by reason of his being so exempt, and that contribution to the political fund of the union shall not be made a condition for admission to the' union.
(2) If any member of a trade union alleges that he is aggrieved by a breach of any rule made in pursuance of this section, he may complain to the Registrar of Friendly Societies, and the Registrar of Friendly Societies, after giving the complainant and any representative of the union an opportunity of being heard, may, if he considers that such a'breach has been committed, make such order for remedying the breach as he thinks just under the circumstances; and any such order of the Registrar shall be binding and conclusive on all parties without appeal and shall not be removable into any court of law or restrainable by injunction, and on
(3) The political objects to which this section applies are the expenditure of money—
(а) on the payment of any expenses incurred either directly or indirectly by a candidate or prospective candidate for election to Parliament or to any public office, before, during, or after the election in connexion with his candidature or election; or
(б) on the holding of any meeting or the distribution of any literature or documents in support of any such candidate or prospective candidate; or
(c) on the maintenance of any person who is a member of Parliament or who holds a public office; or
.(d) in connection with the registration of electors or the selection of a candidate, for Parliament or any public office; or
(e) on the holding of political meetings of any kind, or on the distribution of political literature or political documents of any kind, unless the main purpose of the meetings or of the distribution of the literature or documents is the furtherance of statutory objects within the meaning of this Act.
The expression “public office” in this section means the office of member of any county, county borough, district, or parish council, or board of guardians, of of any public body who have power to raise money, either directly or indirectly, by means of a rate.
(4) A resolution under this section approving political objects as an object of the union shall take effect as if it were a r.ule of the union and may be rescinded in the-sarr e manner and subject to the same provisions as such a ruia.
(5) The' provisions of this Act as to the application of the funds of a union for political purposes shall app -
4. — (1) A ballot for the purposes of this Act shall be taken in accordance with rules of the union to be approved for the purpose, whether the union is registered or not, by the Registrar of Friendly Societies, but the Registrar of Friendly Societies shall not approve any such rules unless he is satisfied that every member has an equal right, and, if reasonably possible, a fair opportunity of voting, and that the secrecy of the ballot is properly secured.
(2) If the Registrar of Friendly Societies is satisfied, and certifies, that rules for the purpose of a ballot under this Act or rules made for other purposes of this Act which require approval by the Registrar, have been approved by a majority of members of a trade union, whether registered or not, voting for the purpose, or by a majority of delegates of such a trade union voting at a meeting called for the purpose, those rules shall have effect as rules of the union, notwithstanding that the provisions of the rules of the union as to the alteration of rules or the making of new rules have not been complied with.
5. — (1) A member of a trade union may . at any time give notice, in the form set out in the Schedule to this Act or in a form to the like effect, that he objects to contribute to the political fund of the union, and, on the adoption of a resolution of the union approving the furtherance of political objects as an .object of the union, notice shall be given to the members of the union ac
Any such notice to members of the union shall be given in accordance with rules of the union approved for the purpose by the Registrar of Friendly Societies, having regard in each case to the existing practice and to the character of the union.
(2) On giving notice in accordance with this Act of his objection to contribute, a member of the union shall be exempt, so long as his notice is not withdrawn, from contributing to the political fund of the union as from the first day of January next after the notice is given, or, in the case of a notice given within one month after the. notice given to members under'this Section on the adoption of a resolution approving the furtherance of political objects, as from the date on which the member’s notice is given.
6. Effect may be given to the exemption of members to contribute to the political fund of a union either by a separate levy of contributions to that fund from the members of the union who are not exempt, and in that case the rules shall provide that no moneys of the union other than the amount raised by such separate levy shall be carried to that fund, or by relieving any members who are exempt from the payment of the whole or any part of any periodical contributions required from the members of the union towards the expenses of the union, and in that case the rules shall provide that the relief shall be given as far as possible to all members who are exempt on the occasion of the same periodical payment and for enabling each member of the union to know as respects
SCHEDULE.
Form of Exemption Notice.
Name of Trade Union
Political Fund (Exemption Notice).
I hereby give notice that I object to contribute to the Political Fund of the Union,
and am in consequence exempt, in manner provided by the Trade Union Act, 1913, from contributing to that fund.
A. B.
Address
day of 19
Section 2 Eleventh, 45 U. .S. C. § 152 Eleventh, provides in part:
“Notwithstanding any other provisions of this chapter, or of any other statute or law of the United States, or Territory thereof, or of any State, any carrier or carriers as defined in this chapter and a labor organization or labor organizations duly designated and authorized to represent employees in accordance with the requirements of this chapter shall be permitted—
“(a) to make agreements, requiring, as a condition of continued employment, that within sixty days following the beginning of such employment, or the effective date of such agreements, whichever is the later, all employees shall become members of the labor organization représenting their craft or class: Provided, That no such agreement shall require such condition of employment with respect to employees to whom membership is not available upon the same terms and conditions as are generally applicable to any other member or with respect to employees to whom membership was denied or terminated for any reason other than the failure, of the employee to tender the periodic dues, initiation fees, and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership.”
Although the Agreement requires employees to become union members within the 60-day period, in fact petitioners do not insist that employees actually join the union, but regard payment of the uniform exactions required by the Agreement as complete compliance therewith.
This action was commenced by 26 such employees but subsequent to the filing of the complaint 11 more were added as plaintiffs by amendment thereto; all 37 are respondents herein. Southern, which was a defendant below but disclaimed interest in the merits of the dispute between the employees and petitioners and did not appeal the Superior Court’s judgment, appears in this Court as a respondent. In this opinion, the term “respondents” refers only to the individual respondents, and excludes Southern.
The action was predicated in part on North Carolina’s “right to work” law, which makes the union shop unlawful. N. C. Gen. Stats., §§ 95-78 to 95-84; but see Hudson v. Atlantic Coast Line R. Co., 242 N. C. 650, 89 S. E. 2d 441. The complaint sought temporary and permanent injunctive relief on behalf of the named plaintiffs, respondents herein, and all other employees similarly situated, against Southern and every union representing employees of Southern. But the case was nonsuited as to all the defendant unions except petitioners when at trial no proof was offered that any of the plaintiffs belonged to crafts or classes other than those represented by petitioners. Also, the relief granted by the Superior Court in its final judgment was limited to "the plaintiffs, individually named as such in the caption of
Upon commencement of the instant action, the plaintiffs obtained an ex parte order temporarily restraining enforcement of the union-shop agreement; after hearing, the order was continued in effect pendente lite, although it was subsequently modified to be “effective only for the protection of persons who. are individually named as parties plaintiff herein or who become added by order of court as such within thirty days from date hereof.” Even as modified, such relief was improper. See p. 120, infra.
Respondents testified before any evidence of union, political expenditures had been introduced and were asked hypothetical questions such as the following: “If the evidence should show that the money which you might be compelled to pay to. the union weald be used in part to influence the passage of laws, or to defeat the passage of
In holding respondents’ allegations and testimony adequately specific, we are not inconsistent with the plurality opinion in Lathrop v. Donohue, 367 U. S. 820, 845-846, where it was observed, in concluding that the question of the constitutionality of the integrated bar was not yet ripe for decision, that “ [n] owhere are we clearly apprised as to the views of the appellant on any particular legislative issues on which the State Bar has taken a position ....’’ This observation was made in the context of constitutional adjudication, not statutory as here.
Respondents first made known their objection to the petitioners’ political expenditures in their complaint filed in this action; however, this was early enough. Street, 367 U. S., at 771.
We do conclude, however, without necessarily finding all the questions put to the jury proper for the purpose of distinguishing political expenditures from those germane to collective bargaining, see p. 117, supra, or all the answers adequately supported by the evidence, that the verdict, fairly' read, constitutes a finding for which there is adequate support in the record that petitioners use a part of the exacted funds in support of political causes.
See Trade Union Act of.1913, 2 & 3 Geo. V, c. 30, reenacted by Trade Disputes and Trade Unions Act, 1946, 9 & 10 Geo. VI, c. 52; Comment, 19 U. of Chi. L. Rev. 371, 381-388 (1952); Rothschild, Government Regulation of Trade Unions in Great Britain: II, 38 Col. L. Rev. 1335, 1360-1366 (1938). Pertinent portions of the Act are set out in an Appendix at the end of this opinion. Although the Act is a legislative solution to the problem of dissenters’ rights, it might be possible for unions to adopt the substantial equivalent without legislation; we do not mean to suggest, however, that the Act provides a perfect model for a plan that would conform with the discussion in this opinion and in Street, nor that all aspects of the English Act are essential, for example the aptual segregation of political funds, nor that the particular boundary drawn by the Act between political expenditures and those germane to collective bargaining is necessarily sound. It may be noted that one possible solution to the problem of fluctuating union political expenditures, see p. 122, supra, might be adoption by the union of a proportion calculated on the basis not of present political expenditures but projected future such expenditures, so as to anticipate possible fluctuations, with the dissenting employee free to contract out of this proportion of his dues and fees. Alternatively, - unions might consider actually fixing a percentage ceiling of political expenditures, from which proportion dissenters could contract out. On the problem of remedies, see generally McAlister, Labor, Liberalism and Majoritarian Democracy, 31 Ford. L. Rev. 661, 687-693 (1963). Cf. Dudra, Approaches to Union Security in Switzerland, Canada,"and Colombia, 86 Monthly Lab. Rev. 136 (1963).
Concurring in Part
concurring in part and dissenting in part.
I agree with the reversal of the. interim and qualified permanent relief that was granted by the state .courts respecting the obligation to pay unión dues. But I disagree with what in effect amounts to an affirmance of the sítate judgment in other respects. I believe that dismissal of this action in its entirety is called for.
International Assn. of Machinists v. Street, 367 U. S. 740, decided only two years ago, stated in unmistakable terms that a plaintiff claiming relief in an action of this kind must show two things: (1) that he had made known
The statement of these principles was reinforced on the' very same day in Lathrop v. Donohue, 367 U. S. 820, the Wisconsin integrated bar case, where a plurality of the Court said (at 845-846):
“Even if the demurrer is taken as admitting all the factual allegations of the complaint, even if these allegations are construed most expansively, and even if, like the Wisconsin Supreme Court, we take judicial notice of the political activities of the State Bar, still we think that the issue of impingement upon rights of free speéch'through'thé use of exacted dues is no more concretely presented for adjudication than it was in Hanson [351 U. S. 225]. Compare International Association of Machinists v. Street, ante, p. 740, at pp. 747-749. Nowhere are we clearly apprised as to the views of the appellant on any particular legislative issues on which the State Bar has taken a position, or as to the way in which and the degree to which funds compulsorily exacted from its members are used to support the organization’s political activities.” See also what follows at pp. 846-848.
These requirements have not been met in this case. At best all that has been alleged or proved is that the union will expend a part of each respondent’s still-unpaid membership dues for so-called political or other purposes not connected with collective bargaining, and'that each respondent would object to the use of any part of his dues for matters other than those relating to collective bargaining. • None of the respondents who testified could specify any particular expenditure, or even class of expenditure, to which he objected.
Believing that our decisions should have more lasting power than has been accorded Street, I must respectfully dissent. I would reverse the judgment and remand the case for dismissal of the complaint.
Reference
- Full Case Name
- BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES Et Al. v. ALLEN Et Al.
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- 220 cases
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- Published