BELHUMEUR v. LABOR RELATIONS COMMISSION


411 Mass. 142 (1991)

580 N.E.2d 746

JAMES BELHUMEUR & others vs. LABOR RELATIONS COMMISSION & others, interveners.

Supreme Judicial Court of Massachusetts, Suffolk.

November 4, 1991.


Attorney(s) appearing for the Case

Glenn M. Taubman of Virginia (Deidre Rosenberg with him) for the plaintiffs.

Jean Strauten Driscoll for Labor Relations Commission.

Margery E. Williams for Massachusetts Teachers Association & others, interveners, submitted a brief.

Michael D. Simpson of the District of Columbia, for National Education Association, intervener, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.


WILKINS, J.

The plaintiff teachers have challenged the amount and validity of the agency service fees charged to them by the unions that represent them for collective bargaining purposes. This appeal relates to one aspect of that challenge. We allowed the plaintiffs' petition for direct appellate review.

Each plaintiff argues, as a nonunion member obliged to pay a "service fee" (G.L.c. 150E, § 12 [1990 ed.]), that his or her First Amendment rights have...

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