1st Circ. Upholds NLRB Ban On Union Lobbying Dues

Law360 (September 16, 2020, 9:46 PM EDT) -- The First Circuit on Tuesday upheld a National Labor Relations Board ruling that private sector unions cannot use fees from non-union workers to cover their lobbying expenses, finding the board followed U.S. Supreme Court guidance that lobbying is a political activity not germane to collective bargaining.

A three-judge panel unanimously affirmed the NLRB's 2019 decision in a case involving United Nurses and Allied Professionals that barred private sector unions from funding lobbying efforts with fees collected from non-union workers, finding the decision was in line with Supreme Court precedent.

The high court said in 1991 in Lehnert v. Ferris Faculty Association...

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