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Old 01-31-2019, 02:42 PM
  #41  
Flytolive
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Joined APC: Nov 2010
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Originally Posted by stabapch View Post
This is irrelevant. The Beck case applies to both.
Yes, but it is not irrelevant if you read Brennan's majority decision. RLA = Railway Labor Act that covers airlines. ALPA doesn't use dues for political purposes. Sorry, better luck next time.

Turning to the constitutional question, Brennan wrestled with the fact that "...in Railway Employees v. Hanson, 351 U.S. 225 (1956), [the Court held] that because the RLA pre-empts all state laws banning union-security agreements, the negotiation and enforcement of such provisions in railroad industry contracts involves 'governmental action' and is therefore subject to constitutional limitations." The question before the Court in Beck, then, was whether such governmental action extended to the acts of unions in the private sector where there was no such federal pre-emption. CWA argued that because Section 14(b) of the NLRA permits each state make its own choice in this regard, there could be no federal pre-emption and thus no governmental action. Brennan concluded for the majority that the Supreme Court need not decide the issue: The Court's doctrine was to rule narrowly on grounds of statutory construction where possible, and that issue had already been decided on statutory grounds in the workers' favor.
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