Ellis
Ellis v. Western Airlines, Inc.
Opinion
Opinion
Enright, J.
MEMORANDUM DECISION
BACKGROUND
Howard Ellis is an employee of Western Airlines. Western is, however, a peripheral defendant. The central defendant is Air Transport Employees (hereinafter “ATE”), the union that serves as the exclusive bargaining agent for Western-employees.
Mr. Ellis is not a member of ATE. Nevertheless, ATE is pursuing the collection of delinquent dues against him, at the rate of $15.00 per month since January 1983. In lieu of paying, he filed this action seeking declaratory and injunctive relief. Mr. Ellis asserts that ATE’s procedures for assessing and collecting dues from nonmember employees is constitutionally defective.
The Railway Labor Act was amended in 1951 allowing formation of union shops in the transportation industry. Section 2, Eleventh, of the amended Act specifically permits conditioning employment on union membership. 45 U.S.C. § 152 , Eleventh. Congress’ purpose in requiring union membership was to eliminate “free riders” who were gratuitiously benefitting from the union's bargaining activities.
Subsequently, however, the Supreme Court held that § 2, Eleventh, does not authorize the union to spend objecting employees’ dues for political or…