For the reasons set forth above, this Court should hold that a state may not enforce an agency fee statute that allows a union to collect fees unrelated to its statutory responsibilities. Alternatively, this Court should hold that § 760 is constitutional, since the statue is a permissible balance between allowing an agency fee to be collected and protecting the free-speech and silence rights of nonmembers.

Respectfully Submitted,

Patrick J. Wright (P54052)
Attorney for Amicus Curiae
Mackinac Center for Public Policy