Originally Posted by
Flytolive
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.
Yet again, irrelevant. Your right to Beck requests are covered by Federal law. Please enlighten me on why ALPA has published advisement on how to handle Beck requests and how to request them? Seems kind of silly if it doesn’t apply to them don’t ya think...
But again back to the beginning the proof is all on government websites for everyone that puts effort into this subject. ALPA was specifically investigated for union dues paid to campaign contributions. But it’s kind of hard for someone to take legal action when the union is paying their salary (“lobbying”).