1 Florence Calvert Thorne, Samuel Gompers—American Statesman 24 (1957) quoted in A. Samuel Cook, The Case for a Maryland Right-To-Work Law, (Maryland Business for Responsive Government, 1996) at 17.

2 George Meany, Foreword to Samuel Gompers, Seventy Years of Life and Labor (1957) quoted in A. Samuel Cook, The Case for a Maryland Right-To-Work Law, (Maryland Business for Responsive Government, 1996) at 17.

3 487 US 735 (1988).

4 National Survey of Union Members, The Luntz Research Companies—ABB Union Survey (Americans for a Balanced Budget), April 29, 1996, at 5.

5 This dollar amount is conservative and pertains only to the AFL-CIO's contributions to the U.S. House election campaign. Total estimates range between $95 and $100 million including union PAC money. Rutgers University economist Leo Troy estimated that in-kind expenditures—for mailings, printings and other uses of union facilities—could have reached $500 million. Wash Times, Mar 25, 1996. See also, Big Labor: Big Loser Det News, Nov 7, 1996. In the 1994 election, the Michigan Education Association PAC was the third largest contributor to Michigan "statewide candidates, legislative candidates, judicial candidates and local candidates" according to Common Cause—Michigan. 1994 PAC Study (Common Cause—Mich) Apr-May 1995.

6 321 US 332, 64 S Ct 576, 88 L Ed 762 (1944). See also Order of R.R. Telegraphers v Railway Express Agency, 321 US 342, 64 S Ct 582 (1944); Caterpillar Inc. v Williams, 482 US 386 (1987).

7 323 US 192, 65 S Ct 226, 89 L Ed 173 (1944).

8 Id at 202-203.

9 Ford Motor Co. v Huffman, 345 US 330 (1953).

10 140 NLRB 181 (1962).

11 Id at 185.

12 373 US 734, 83 S Ct 1453, 10 L Ed 2d 670 (1963).

13 Id at 742.

14 Id at 743.

15 Id at 742.

16 Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming, Lab Rel Rep LRX 730:319-20.

17 See NLRB v General Motors Corp., supra note 12.

18 It must be emphasized, however, that good faith bargaining does not require the employer to agree to union security provisions. Cf. Overnight Transportation Co., 307 NLRB 666 (1992).

19 General Electric Co., 150 NLRB 192 (1964), enf'd 418 F 2d 736 (2nd Cir 1969), cert denied 397 US 965. This type of bargaining is also referred to as Boulwarism from the name of the negotiator who developed it. See James G. Baker, Negotiating a Collective Bargaining Agreement: Law and Strategy—A Short Course for Non-Labor Lawyers, Lab L J, Apr 1996, at 257-258.

20 Cf., supra notes 12 and 18.

21 367 US 740 (1961).

22 Id at 742-744.

23 The United States Supreme Court in Railway Employees' Dep't. v Hanson, 351 US 225 (1955), held that although Section 2, Eleventh was Constitutionally valid on its face, it was subject to Constitutional limitations because it preempted state laws, and therefore, constituted "governmental action on which the Constitution operated." By contrast, Section 8(a)(3) of the NLRA does not preempt state authority because of the application of Section 14(b) which allows states to prohibit union security agreements.

24 373 US 113 (1963).

25 466 US 435, 104 S Ct 1883, 8 L Ed 2d 428 (1984).

26 431 US 209 (1977).

27 475 US 292 (1986).

28 Id at 306.

29 Id at 306.

30 Id at 307 n18.

31 Id at 305, 310.

32 Id at 309.

33 Id at 308.

34 Id at 307.

35 Id at 308 n21.

36 500 US 507, 111 SCt 1950 (1991).

37 Supra note 3.

38 Id at 745.

39 Id at 2649.

40 Lehnert v Ferris Faculty Ass'n, 643 F Supp 1306, 1327-1330 (WDMich. 1986), aff'd, 881 F.2d 1388 (1989), modified, 500 US 507 (1991). In Lehnert, the district court held that 81% of the FFA's activities were properly chargeable to the plaintiffs. Thus, out of $24.80 in union dues allocated to the FFA, $20.09 were chargeable. Id at 1327. However, only 3.4% of the MEA's portion of dues were chargeable, amounting to $7.18 out of $211.20 were properly chargeable. Id at 1329. Likewise, only 2.75% of the NEA portion of dues were chargeable, reducing the NEA's portion to $1.32. Id at 1330.

41 320 NLRB No 11 (December 20, 1995).

42 Id at 233.

43 Id at 240.

44 See Weyerhaeuser Paper Co., 320 NLRB No. 12 (1995), [unions must notify current employees of their Beck rights if they were not informed of those rights at the time they entered the bargaining unit]; IUS, Local 444 (Paramax Systems Corporation), 322 NLRB No. 1 (1996), [union must provide dissenting employee with a breakdown of its major categories of expenditures or differentiate between chargeable and nonchargeable expenses]; Production Workers Union, Local 707 (Mavo Leasing Co.), 322 NLRB No. 9 (1996), [union is required to tender notice of Beck rights to nonmember unit employees before it can subject employees to monetary obligations imposed by a union security provision or seek to cause their discharge for failure to pay dues]; Laborers' International Union, Local 265 (Fred A. Nemann Co.), 322 NLRB No. 47 (1996), [union need not provide employee with financial information to allow an objector to decide whether to mount a dues reduction challenge where the union has waived for the employee all requirements for dues payments]; United Brotherhood of Carpenters, Local 943 (Oklahoma Fixture Co.), 322 NLRB No. 142 (1997), [union's use of a charitable dues payment alternative does not relieve it of its obligation to provide the employee and other objectors with Beck related financial information].

45 Exec Order No 12800, 57 Fed Reg 12,985 (1992), repealed.

46 Ibid.

47 See Richard L. Berks, Bush Fires a Shot at Union Political Spending, NY Times, Apr 19, 1992.

48 Exec Order No 12836, 58 Fed Reg 7045 (1993).

49 Pattern Makers' League of North America v NLRB, 473 US 95, 105 S Ct 3064, 87 L Ed 2d 68 (1985).

50 Chart 3 illustrates the situation for a typical union member, not just for MEA members. Individual workers' dues may be higher or lower than the amounts shown; individual unions may demonstrate higher or lower percentages of dues spent on political, social, ideological, and other refundable activities.

51 The Story on Union Dues and Partisan Politics, 2 Fact & Fallacy 11 (Employment Policy Foundation, Washington, DC), Dec 1996, at 2.

51 James Bennett, Private Sector Unions: The Myth of Decline, 12 J Lab Res 1 (1991), cited in Fact & Fallacy, Ibid.

52 See Bromley v Michigan Education Association-NEA, Nos 94-1164/1210 (6th Cir Apr 26, 1996). It should also be noted that the Ferris Faculty Association (FFA)—the challenged union in Lehnert where 90% of the collected dues were wrongfully charged to nonmembers—was an affiliate of the MEA and NEA. See supra note 36 at 512.

53 Barry T. Hirsch and David A. Macpherson, Union Membership and Earnings Data Book 1994: Compilations from the Current Population Survey 24 (1995).

54 The Luntz survey found that 20% of union members said that they would "definitely" request a refund, while an additional 20% said that they would be "very likely." Only 38% of the union members surveyed responded saying that they were either "somewhat unlikely" (29%) or "very unlikely" (9%) to request a refund. Supra note 4 at 5.

55 Union Lawyers Grapple With Beck Compliance: Right to Work Forces Map Out Battle Plans, Daily Labor Rep. (BNA) No. 131 at A-1 (July 8, 1988).

56 A sample calculation is as follows: Luntz and CPS figures suggest that 384,000 Michigan union members would be very likely to exercise Beck rights. Assume that only one-third that number (128,000) actually would do so. Assume average annual union dues of $425 (Employment Policy Foundation). Assume only 20% of union dues are refundable. Multiplying these figures yields over $10 million.

57 Cf. House Speaker v Governor, 443 Mich 560, 506 NW2d 190 (1993); Soap & Detergent Ass'n v Natural Resources Commission, 415 Mich 728, 330 NW2d 346 (1982).

58 Mich Comp Laws Ann ß 169.255(6) (West Supp 1996-1997).

59 Michigan State AFL-CIO v Miller, Nos 95-1397/1858 (6th Cir Jan 7, 1997).

60 Automatic Deduction for Mich. PACs Barred, School Reform News (Heartland Institute, Palatine, IL.), Apr 1997, at 4.