George L. Seay v. McDonnell Douglas Corporation

This case involves a dispute between non-union employees of McDonnell Douglas and the International Association of Machinists (hereafter “IAM”) concerning the purposes for which the union uses agency fees paid by plaintiffs pursuant to the collective bargaining agreement between IAM and McDonnell Douglas. Plaintiffs appeal from an order of the district court granting summary judgment in favor of the defendant union.

Background

In International Association of Machinists v. Street, 367 U.S. 740 , 81 S.Ct. 1784 , 6 L.Ed.2d 1141 (1961), and Brotherhood of Railway Clerks v. Allen, 373 U.S. 113 , 83 S.Ct. 1158 , 10 L.Ed.2d 235 (1963), the Supreme Court held that unions may not use union dues or agency fees to finance political activities if members or fee payors object to the use of those funds for such purposes. In 1967 plaintiffs instituted the instant suit alleging that over plaintiffs’ known objections, the defendant union was utilizing agency fees to finance political activities. The district court dismissed the suit on the ground that its jurisdiction had been preempted by the National Labor Relations Act. This court reversed holding that the district court had…