Thurgood Marshall

“ After all, union negotiators must argue-either implicitly or explicitly-during a collective-bargaining session that the teachers they represent (including petitioners) are valuable public servants who deserve higher compensation or benefits. The agency shop requires dissenting employees to support this latter message. I see no difference, for First Amendment purposes, in requiring dissenting employees to support a public version of that message aimed at other parts of the public-sector "employer," such as legislators and voters. ”

“ To be sure, those who advocate greater spending on all educational programs make a broader statement than those who merely propose higher wages and benefits for educational personnel. In that sense, the PPE program might be said to effect an "additional interference with the First Amendment interests of objecting employees," Ellis, 466 U.S., at 456, 104 S.Ct., at 1896, beyond what "we have already countenanced" by "allowing the union shop at all," id., at 455, 104 S.Ct., at 1896. ”

“ The argument here seems to be that, when a legislature increases funding for education, it often makes a compensating reduction-which a dissenting employee may oppose-in some other area of the budget. The principal opinion may be arguing that the dissenting employee has not incurred a net benefit from, and therefore cannot be termed a "free rider" on, the union's lobbying campaign. This argument proves too much, however, since it could just as readily be applied to the ratification of a public sector labor contract. ”

“ Perhaps the principal opinion means to say only that respondents failed to carry the burden of proving that articles in the Teacher's Voice covered lawsuits that were germane to representational duties. The opinion hints that its holding is something less extreme than a per se rule when it explains in these words why respondents' litigation reports are nonchargeable: "When unrelated to an objecting employee's unit, such activities are not germane to the union's duties as exclusive bargaining representative." ”

“ After all, the extent to which public employees may secure favorable terms in a collective-bargaining agreement depends on the availability of funds in the relevant public sector. Similarly, the more favorable the public attitude toward a bargaining unit's members, the more likely that the public employer will accept a given bargaining proposal. ”

“ If the PPE lobbying program succeeds in generating higher funding for professors and teachers in the public sector, petitioners will surely benefit along with the other members of their bargaining unit and ought to help bear the costs.
Promoting Labor Peace: The principal opinion fares no better in its suggestion that charging dissenting employees for the PPE program fails to advance the other governmental interest that underlies the agency shop, namely, promotion of labor peace. ”

“ Finally, I disagree in one significant respect with the analysis in the principal opinion of union activities occurring outside petitioners' bargaining unit. The opinion correctly holds that most expenses for these extra-unit activities may be included within the service fees because dissenting employees must bear "their share of general collective-bargaining costs of the state or national parent union." Ante, at 527. But the opinion finds that dissenting employees may not be charged for "litigation that does not concern the dissenting employees' bargaining unit or, by extension, . ”

“ Nor is the compelled funding of a message that praises one's own profession likely to occasion the strong personal reaction that the enforced support for more topical statements might provoke. As the principal opinion itself observes, "the extent of one's disagreement with the subject of compulsory speech is relevant to the degree of impingement upon free expression that compulsion will effect." ”

“ It is doubtful that this litigation has a "political and expressive nature" as that concept has evolved in the relevant cases. See, e.g., NAACP v. Button, 371 U.S. 415, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963) . Rather, this litigation appears to be germane to the collective-bargaining and particularly the grievance duties of the union, and it seems that the District Court so held, see 643 F.Supp., at 1328 (assessing "chargeable content" of articles in Teacher's Voice) ; id., at 1325 (finding that litigation should be treated the same as any other cost under germaneness test) . ”

“ In determining which activities may be covered by dissenter charges, we have long recognized that " ' [t] he furtherance of [employees'] common cause leaves some leeway for the leadership of the group," Abood, 431 U.S., at 222-223, 97 S.Ct., at 1792-1793, quoting Street, 367 U.S., at 778, 81 S.Ct., at 1805 (Douglas, J., concurring) , and that " [a] bsolute precision in the calculation of [the] proportion [of union dues chargeable to dissenters] is not, of course, to be expected or required; we are mindful of the difficult accounting problems that may arise," Railway Clerks v. ”