pierre - joseph proudhon had used the term collective bargaining for the first time.
pierre - joseph proudhon had used the term collective bargaining for the first time.
who had used the term collective bargaining for the first time?
pierre - joseph proudhon
Na
Na
the court first revisited the issue in "lehnert v. ferris faculty association" in 1991. the court was "sharply divided", writing "four opinions that were supported in whole or in part by varying numbers of justices" and citing divergent reasons for supporting those parts of the decision they supported. "[a]ll nine justices rejected a broader argument put forward by the objecting employees that the employees should not have to pay for activities of the national union ... that were not undertaken directly on behalf of the ... bargaining unit." eight justices agreed that unions could not charge agency fee payers for lobbying activities. but on other issues, the court split. the case was more difficult to adjudicate because it involved state action (the bargaining unit was composed of public employees) and thus brought first amendment issues into consideration and because of the unique nature of the union's dues structure. writing for the majority, justice blackmun established a three-prong test for determining the constitutionality and statutory legality of agency fee charges in public employee bargaining units: 1) the charges must be "germane" to collective bargaining activity; 2) the charges must not "significantly" burden the non-members' free speech rights; and 3) charges must be justified by the need for labor peace or to avoid the free rider problem. acceptable charges included that part of affiliation fees which are spent on collective bargaining, collective bargaining expenditures destined for other states, expenditures for national union publications insofar as they support collective bargaining, information services and other miscellaneous items that are not political nor public in nature and which benefit of all workers even though they do not directly impact the bargaining unit, expenditures to attend union meetings and conventions, and strike expenses (whether the strike is legal or not). non-chargeable expenses include: lobbying, electoral, or other political activities not directly related to contract bargaining or implementation; political or public activities aimed at winning a greater budget for the collective bargaining unit; litigation or publications reporting on litigation that does not concern directly concern the bargaining unit; and public relations efforts (including informational picketing, media purchases, signs, posters, and buttons) designed to enhance public respect for the workers' profession. at least one legal scholar believes the "lehnert" decision shifted away from the court's traditional rationale that agency fees must have a strong link to collective bargaining purposes:
communications workers of america v. beck