Jack Gilpin v. American Federation of State, County, and Municipal Employees, Afl-Cio

POSNER, Circuit Judge.

A union that has been certified as the exclusive bargaining representative for a group of employees must represent every employee in the bargaining unit, even those who don’t belong to the union. Correlatively, the union is entitled to charge the nonmembers their pro rata share of the expenses that it incurs in negotiating for and administering the collective bargaining agreement, and to ask the employer to deduct this pro rata share from the nonmembers’ wages. But if the union goes further and makes the nonmembers pay either the full union dues or an agency fee that…