Abood v. Detroit Board of Education
431 U.S. 209 (1977)
by
Julie Ingram

Facts of the Case:

The Detroit Federation of Teachers (a union) was created in 1967. In the agreement, there was an “agency shop” clause that required every teacher who had not become a union member within 60 days of hire to pay the union a service charge equal to the regular dues required of union members. Teachers who did not oblige were subject to being fired. A Michigan statute authorizing union representation of local governmental employees permitted an “agency shop” arrangement where every employee represented by a union must pay to the union a service charge equal in amount to union dues. Teachers filed for action stating that the First and Fourteenth Amendments declared the “agency-shop” clause was invalid under state law and under the United States Constitution as a deprivation of the teachers’ freedom of association that is protected.

Decision:

The Supreme Court ruled that a government employer and union may reach an agreement requiring employees to pay an agency service fee to cover the costs of collective bargaining, contract administration, and grievance adjustment. But, the decision explained that opposing employees have a constitutional right to withhold payment of any union fees that support political and ideological causes that are not related to collective bargaining expenditures.

Basis of the Decision:

The Supreme Court based their decision on the First Amendment. The Court recognized Abood’s interest in not being obligated to give money to a union whose expressive activities conflict with one’s “freedom of belief.”