Robert F. Carlson John Morack v. United Academics-Aaup/aft/apea Afl-Cio

This case involves a dispute between a union representing professors at the University of Alaska and two professors who have not joined the union, object to paying union dues, and contest the manner in which the agency union fee for collective bargaining purposes is determined and collected.

BACKGROUND

Appellants Robert Carlson and John Morack are professors of the University of Alaska at Fairbanks. Appellants are part of a bargaining unit comprising teaching and research faculty at the University as set forth in a collective bargaining agreement between the University and United Academics-AAUP/AFT, AFL-CIO (“United Academics” or “the Union”). United Academics acts as bargaining agent and exclusive representative of Appellants and other members of the bargaining unit. The collective bargaining agreement requires all research and teaching faculty in the unit to maintain membership in the Union, or for those faculty members who choose to refrain from union membership, to pay mandatory “agency fees” as a condition of continued employment.

In March 1998, United Academics sent a letter to all nonmembers demanding that each professor tender “1.25% (.0125) of your bi-weekly salary…