Whether opt-out procedures for collecting union fees for ideological and political activities violate the First Amendment or the Railway Labor Act

QUESTION PRESENTED The Court in Knox v. SEIU, Local 1000 recognized that opt-out procedures for collecting the nonchargeable portion of compelled union fees create constitutional problems, and that the Court’s apparent approval of these procedures in prior cases was “dicta,” which did not carefully apply “First Amendment principles.” 567 U.S. 298, 312-14 (2012) (discussing Machinists v. Street, 367 U.S. 740, 774 (1961), and later cases). After Knox, the Court in Janus v. AFSCME, Council 31, effectively held opt-out requirements unconstitutional under the First Amendment by holding affirmative employee consent is required for unions to constitutionally collect union dues or fees from employees. 138 S. Ct. 2448, 2486 (2018). The question presented is: Whether opt-out procedures for collecting union fees for ideological and political activities violate the First Amendment or the Railway Labor Act.