The New York Agency Shop Fee and the Constitution after Ellis and Hudson
分析了最高法院在埃利斯和哈德逊案中对代理费施加的新限制,指出纽约州现行做法可能违宪,并建议公共就业关系委员会加强监管。
In its recent Ellis and Hudson decisions, the Supreme Court imposed new substantive restrictions and procedural requirements on states that authorize, and public employee unions that utilize, agency shop fees. Focusing on New York State, this study analyzes the consequences for the collection and expenditure of agency fees of the Supreme Court's new emphasis on the First Amendment basis for dissenting employees' rights. The author finds that Ellis and Hudson cast doubt on the constitutionality of some current agency fee practices. He concludes that New York's Public Employment Relations Board will have to take a more active role in policing agency fee standards and procedures than it has until now if the agency fee in New York is to withstand First Amendment scrutiny.