Bloomberg Law
Sept. 16, 2020, 7:06 PM UTC

NLRB Ban on Union Use of Non-Member Funds for Lobbying Upheld

Robert Iafolla
Robert Iafolla
Reporter

The National Labor Relations Board’s ban on private-sector union use of non-member fees to help fund union lobbying efforts has been upheld by a federal appeals court.

Union lobbying, even when it is relevant to collective bargaining duties, amounts to political activity that can’t be funded by nonmember “agency fees,” the U.S. Court of Appeals for the First Circuit said in a ruling Tuesday.

The appellate court rejected the Rhode Island-based United Nurses and Allied Professionals’ challenge to the NLRB’s 2019 ban. Previously unions could use those so-called agency fees to pay for lobbying that was germane to its role ...

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