Abstract

The controversial requirement that the employees of a public agency financially support a union as a condition of keeping their jobs is examined, looking at its historic and legal roots, and at its practical consequences for public management. The author draws from the California experience, where agency shop legislation has been in effect for several years, and examines relevant decisions of various courts and boards. The relationship between agency shop and a union's legal obligation to represent both union members and non-members is explored as the legal and ethical basis for agency shop legislation. General exceptions to the payment of agency shop fees, including the often misunderstood religious exemption, are reviewed, as are the uses to which a union may put any such money which it collects.

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